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HomeMy WebLinkAbout10/02/2007 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 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 Present 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 Excused STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy 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. Mayor Honea asked that everyone remember the family of David Wong, a long time Marana resident, who passed away this weekend. C. APPROVAL OF AGENDA Upon motion by Council Member McGorray, seconded by Council Member Escobedo, the agenda was unanimously approved removing item I-3. D. CALL TO THE PUBLIC David Morales addressed Council, read a definition and talked about ethics. Mayor Honea stated last meeting there were several members from CREW (Citizens Resource and Education Workshop) present. Mayor Honea stated he has known David Wong all his life. He was one year younger than himself and Vice Mayor Kai in high school. He stated it was very sad seeing him pass so young and that his family would appreciate hearing from everyone. Vice Mayor Kai stated services are being held for David Wong this Saturday at the Baptist church on Sandario Road at 4:00 p.m. with an informal get together after at the White Stallion Ranch. 1 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 E. PRESENTATIONS 1. Presentation: Relating to the Police Department; Presentation on status of Wide Area Network User Agreement (Paul Ashcraft) Chief Vidaurri addressed Council and stated he is present along with Lt. Ashcraft who is the Technical Services Division Commander to provide a brief overview on the status of our computer aided dispatch and records management system known as CAD and RMS. They are looking at replacing the CAD and RMS system which is now approximately six years old. They are looking at integrating with the Pima County Spillman project. Their ability to have this already in place will help save time and effort. Lieutenant Ashcraft addressed Council and went over the user agreement with the Pima County Sheriff's Department. He stated there are 44 agencies in Arizona that currently use it. Ten of the counties use it. It is a proven system. We' 11 be the seventh agency that's piggybacking off the County system. 2. Presentation: GIS Web Portal and Virtual Tour of "Marana Main Street" - 1954 (Joe Lettrick) Mr. Lettrick addressed Council and stated their GIS Web Portal is a web based GIS mapping system that has been available on the town's internal network for the last three months. During this period of time they have been testing and preparing it to develop other mapping sites which are land based, imagery based, water based, police site, sign site and a few others. The intent is to provide the GIS information in a very easy and quick fashion to town staff and ultimately provide GIS information to the public. The web site can be accessed internally by typing MARgis.com, and from the town's website there will be links under `e- gov' and a few other linked areas to get to online mapping. He went over the various features and options. Chris Mack presented a virtual tour of Marana Main Street. The area is the triangle bounded by I-10 and Grier Road and Sandario Road to the west. He stated when you look at the 1954 imagery you can see the cotton gin facility and the mercantile. Using a GIS tool he swiped the current image over the historical image and how I-10 changed the area. Another way to view the imagery is using special software that can essentially do a flyover. This imagery they obtained from the National Archive in Washington, D.C. Mr. Davidson recognized Mr. Lettrick and Mr. Mack for their work on the presentations and that the information will be very valuable as we put things into our heritage park and give images to investors who are looking to come in and build the downtown. 3. Presentation: MUSD Readiness and Emergency Management Systems (REMS) grant (Gilbert Davidson) 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 David Liss, MUSD Department of Safety and Security, addressed Council and stated recent events that have occurred in and around our nation's schools have made it clear that in addition to preparing for what we have known as typical school emergencies, schools now face additional challenges. These new realities reiterated the importance of comprehensive practiced and accessible emergency management plans that are developed in coordination with local government, community based first responders and health and mental health agencies. Responding to the emphasis on safety in the district strategic plan the MUSD submitted a grant to the US Department of Education Office of Safe and Drug Free Schools. The grant proposed activities to help our schools improve their capacity to plan for and respond to emergency situations. This grant is titled Readiness and Emergency Management for Schools. He reported they were awarded this grant. The federal government requires that a grantee enter into a partnership with their community in order to fulfill the grant's requirement. The Marana Town Council, in entering this partnership, would agree to assist the Marana School District in sustaining and improving its school emergency management plan. There are four goals; mitigation and prevention in which they would coordinate local and community government emergency response and crisis management plans with school plans, preparedness; they would invite school and community involvement in the emergency response and crisis management practice or mock drills. In response they would support each other in the implementation of building and district crisis response plans and in recovery the town would work with schools to prosecute those who have committed crimes and coordinate news releases that have to do with schools. ANNOUNCEMENTS/UPDATES -Award to Charlie Mangum (Mayor Honea) Mayor Honea read an accreditation for Mr. Mangum. PROCLAMATIONS -Veteran's Hall of Fame (Jocelyn Bronson) Ms. Bronson read a proclamation regarding the Veteran's Hall of Fame. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan stated he attended the TREO luncheon. Council Member McGorray stated she also attended the TREO luncheon. She stated she was at the Women's Conference. Council Member Escobedo stated the Miracles Inc. Christmas party will be December 22°d at Ora Mae Harn Park. Their youth partner, Super Series Baseball of Arizona, will be holding a tournament on December 8`" and 9~' at the Sports Park where every participant is required to bring a toy valued at ten dollars and the team that brings in the most toys wins a prize for their team. Miracles Inc. will begin its giveaway event on October 8~' and the winners will be announced December 14`''. He stated as the foundation member for the Marana Health Center he participated in their retreat. Build a Purpose has had a plane donated for the youth to work MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 on. They will be having a ribbon cutting ceremony. Build a Purpose has begun a program called Young T.V. where the youth direct, film and market a television program which airs on Fox 11 Saturday mornings at 11:30. Council Member Comerford stated she has been involved at Marana High and they are looking at having their first after graduation party. Vice Mayor Kai stated he will be attending a Central Arizona Water Conservation District meeting this Thursday on water issues. One of the important things is the Yuma desalting plant that is coming on line to satisfy our U.S. treaty to deliver water to Mexico. Mayor Honea stated he attended the TREO event and the speaker was Dr. Richard Florida. He stated he and Mr. Reuwsaat went to the Phoenix Convention Center last week. Gary Hayes, the Executive Director of the PAG/RTA, received a statewide award from the Arizona Capitol Times as the transportation manager of the year. He stated tomorrow at the PAG offices, along with about 12 other mayors, they will be having a meeting with the governor. The governor will be talking about statewide transportation issues primarily. They are looking at some kind of state transportation funding mechanism. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Reuwsaat stated Congressman Gifford's staff will be setting up monthly office hours here at the Marana Municipal Complex. The first date will be October 19a` from 3:30-4:30. He stated water issues are taking up about 90 percent of their time right now. H. STAFF REPORTS Mr. Davidson stated that staff will be organizing a public forum to specifically address the flood plain issues. GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2007-165: Relating to Streets; approving release of performance bonds for The Villages IV at Dove Mountain and acceptance of public improvements for maintenance (Keith Brann) 2. Resolution No. 2007-166: Relating to Development; approving and authorizing a final plat for Oasis Hills II (Kevin Kish) 3. Resolution No. 2007-168: Relating to the Police Department; approving and authoring amendments to the existing intergovernmental agreement with the Arizona Department of Public Safety for the Arizona vehicle theft task force (Richard Vidaurri) 4 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 4. Resolution No. 2007-169: Relating to Real Estate; approving and authorizing the Director of Public Works to execute certain electric easements in Saguaro Springs Block 1, Lot A, that the developer inadvertently failed to convey by plat (Frank Cassidy) Upon motion by Council Member McGorray, seconded by Council Member Clanagan the Consent Agenda was unanimously approved minus item three. J. COUNCIL ACTION 1. Relating to Personnel: authorizing staff to hire an executive assistant at the Marana Regional Airport (Charlie Mangum) Mr. Mangum addressed Council and stated the Marana Regional Airport is requesting amid-year allocation to fund an airport executive assistant. The cost of this position will be offset by the additional revenue collected with the aircraft open tie downs and other airport fees. The revenue increase will be a result of cancelling an agreement they had with Pima Aviation for the open tie down management contract and taking over those responsibilities. It will give the town more control over the airport and the open tie downs. It is estimated the position will collect more than $45,000 per year in airport revenue and the revenue collected should increase as the airport continues to grow. The cost of the position will also be offset by reimbursement time spent on grant projects so the annual revenue collected by this position will exceed the annual personnel cost by more than $11,400. Mr. Reuwsaat stated that if everything goes well after five years they are looking at a December date for the auction of the 90 acres on the southeast side of the airport. That would mean a whole different way of doing business for the airport manager. Mr. Reuwsaat stated he has asked for the airport director to prepare a business plan on the new airport terminal so we know what the goals and expectations are when the facility opens. Vice Mayor Kai asked if holding up registration could be done to make sure the tie down fees are paid. Mr. Mangum stated they take their number down, send them a bill and we can actually put a lien against their particular aircraft if it has exceeded a certain amount of days they have not paid. Council Member Clanagan stated that given we have just gone through a budget process and that we are anticipating things happening on the sale of that land. He thinks this is a premature request. He stated he does not support any out of budget year request. He stated it minimizes the effectiveness of the budgeting process. Mr. Mangum stated they have looked at this position in the past and one of their major constraints with it is they have not had the physical space available. In July there was an office that was consolidated. They were able to take over the office 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 with some grant money they have and that has enabled them to have the physical space. The person will also be working on a lot of the grants and taking over some responsibilities that we are currently paying a consultant to do. Upon motion by Council Member McGorray, seconded by Council Member Comerford authorizing staff to hire an executive assistant at the Marana Regional Airport was approved 5-1 with Council Member Clanagan apposing. 2. Resolution No. 2007-170: Relating to Development; approving and authorizing a preliminary plat for Las Mananitas (Kevin Kish) Mr. Kish addressed Council and stated the applicant requests a preliminary plat approval for the subject property. Council Member Comerford stated regarding private streets that the Town would not be responsible for upkeep and maintenance of these streets. Mr. Kish stated it is not the intent. These were private streets being proposed. They also had a design exception to it so they would not meet the town's public street standards and prior to the town making a recommendation for acceptance he would suspect that engineering would require that they be built to town's standards prior to that. Mr. Reuwsaat stated if at sometime in the future that they would want those to become public streets that would have to come to Council for approval. Mr. Braun stated that also the streets would have to be accepted by the town which is a Council action. Council Member Comerford stated the streets are narrower than normal and asked about having fire truck access. Mr. Braun stated the streets are part of the design acceptance process and was accepted by Northwest Fire. Council Member Comerford stated that there is extra parking because there is no room for parking. Mr. Kish stated each lot has two outside spaces required. Mr. Kish stated that with most of the private street subdivisions that have the narrower streets, Northwest Fire has mandated that signage be posted and they would have authority to actually ticket people. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, Resolution No. 2007-170 was unanimously approved. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 3. Resolution No. 2007-171: Relating to Development; approving and authorizing a preliminary plat for Gladden Farms Block 25 (Kevin Kish) Mr. Kish stated applicant requests preliminary plat approval fora 47 lot single family detached home subdivision on approximately 19.6 acres within the Gladden Farms development. The subdivision is located in Block 25 of the Gladden Farms block plat south of Tangerine Farms Road and east of Gladden Farms Regional Park. Zoning on Block 25 is R-8. The minimum lot size within this project is 8,810 sq. ft for lot 2 with an average lot size of over 11,000 sq. ft. The project will have two accesses off of Tangerine Farms Road. Upon motion by Council Member Clanagan, seconded by Council Member Escobedo, Resolution No. 2007-171 was unanimously approved. 4. Resolution No. 2007-172: Relating to Development; approving and authorizing a development plan for Village Center at Cortaro Ranch (Kevin Kish) Mr. Kish stated the request is for a development plan approval for a commercial and office center on roughly 21.5 acres of land generally located on the northwest intersection of Cortaro Farms and Cerius Stravenue. The site will be accessed from Cortaro Farms Road and Cerius Stravenue. The developer will be responsible to do some upgrades in the design and construction of the traffic signal at Cortaro Farms and Cerius Stravenue. The widening of Cerius Stravenue for an additional travel lane for a right turn lane out of the development and with that additional right of way dedicated to the northwestern portion of the development to allow access to the residential properties on the north side. This would be the connection through the proposed DeAnza project over to the Joplin Lane properties to provide them with a legal access through this village center project, as well as the DeAnza project. There are four proposed buildings within this project. A combined building area of over 117,000 sq. ft. on the first floor and 28,900 sq. ft. on the second floor. The project was submitted before the Town Council adopted the commercial design guidelines, but reviewing the project and working with the developer/applicants they found it meets and exceeds the adopted commercial design standards. The design of the project provides the courtyards, building materials, textures, numerous architectural embellishments along with extensive landscaping to create a nice atmosphere and matches up with our design standards. When it was rezoned in 1995 the ordinance required that the development plan be approved by the Planning Commission and the Town Council. Council Member Comerford stated her concern was with a signal on Cerius Stravenue that a timely construction schedule be adhered to. Mr. Kish stated that with the Cortaro Road project the conduits were put in for this future signal so in terms of what needs to be done it is going to be minimal. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 Vice Mayor Kai asked about the retention basin and whether it is adequate for a project this size. Mr. Kish stated based on the submitted hydrology report reviewed by both consulting engineers, as well as town staff they found it adequate in terms of the size and depth of the basin to handle the required amounts. Vice Mayor Kai asked if there will be any pass through water or is it mostly site generated water. Clint Glass, CMG drainage engineering and they designed the onsite drainage plan for the project. The size of the basin is actually greater than what is needed for the commercial development, but there is some water coming in from Cortaro Ranch subdivision that is utilizing that basin as well, and there will be a minor amount of pass through, but the out flow is less that what the current out flow is today because there will be some enlargement of the basin. Mayor Honea stated on Joplin Lane he noticed that the right of way was 46 feet and asked if that was adequate. Mr. Braun stated that access for Joplin Lane is not meant to be a commercially traveled road. It is just to provide a public access for the Joplin Lane residents to get them down to Cortaro in a legal fashion. 46 feet of right of way corresponds to the town's local street section so it is essentially plenty of right of way for a two lane road. This project will be improving the roadway to their bounds. They are also working with the upcoming DeAnza project, which is also dedicating a portion of right of way. They also want to utilize this area as an emergency access to their development. There would then be a small segment to bridge the gap. That would be a town improvement. Upon motion by Council Member McGorray, seconded by Council Member Escobedo, Resolution No. 2007-172 was unanimously approved. 5. PUBLIC HEARING. Ordinance No. 2007.24: Relating to Development; approving and authorizing an amendment to the Tangerine/Thornydale Specific Plan (Kevin Kish) Mr. Kish stated that Tangerine Specific Plan was adopted by Town Council on July 5, 2006 by Ordinance 2006.20. This proposed amendment is being presented with a unanimous recommendation of approval from the Planning Commission. The request is an amendment to the Tangerine/Thornydale Specific Plan, which is a site located at the northwest corner of Thornydale and Tangerine Roads. The proposed amendment will modify portions of the existing specific plan to allow the applicant the ability to process and obtain any needed federal permits with regard to wash disturbance. The amendment will also allow additional disturbance 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 for a quasi public entity, Northwest Fire Station, police substation, and minor amendments to the commercial project access and layout, the development regulations and clerical changes clarifying some of the uses. The plan references two minor drainage ways located in the southeastern portion of the commercial project area that have been determined by the Corp of Engineers to be jurisdictional washes. Constraints at the site necessitate a bisected configuration of the commercial buildings. It would straddle those two washes and leave them in their natural way based on the existing proposed plan. Due to limited extents of these two drainage ways, approximately .09 acres, the project is eligible for a nationwide permit and Westland Resources, consultants to the applicant, is proceeding with obtaining the Section 404 permit through the Army Corp of Engineers for the commercial development. It is anticipated that the project will be permitted under the nationwide permit 39. Assuming a permit is approved the amendment will allow the commercial site to be reconfigured to impact the .09 acres of the minor drainage ways. Staff has determined that due to their limited extents the two washes are not significant or unique and should be extended the same rights of other comparable sized commercial projects in the town. The Northwest Fire District has indicated an interest in sighting a fire station within this area. The specific plan will limit the additional amount of disturbance to 3.5 acres for such a use. The 3.5 acres would be an addition to the 40 percent disturbance allowed for the private development. The number of commercial uses that the developer proposes to have on site are not specifically listed within the permitted uses of the specific plan. To provide clarification they have worked with the developer to amend the plan to list the uses to the ones they felt were appropriate for the site given the location. Change in development standards includes an increase in the allowable maximum building area height for the commercial buildings from 40 to 50 feet. This is to allow for an architectural embellishment for the center. Other modifications included location and screening requirements for the trash enclosures. Council Member McGorray asked when Northwest Fire anticipated building the station. Mr. Kish stated in discussions with Northwest Fire they are pursuing design right now. They are able to do this under the existing bond package and they are looking at moving forward as soon as possible. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2007.24 unanimously approved with the recommended conditions. 6. PUBLIC HEARING. Ordinance No. 2007.25: Relating to Development; approving and authorizing a rezoning for the Uptown at Marana Specific Plan (Kevin Kish) 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 Paul Popelka addressed Council and stated the project is about 205 acres. It's commercial and residential. It's located north of Marana Road from I-10 west of Sanders Road. It has a mix of regional commercial on the eastern portion of the site about 70 acres, about 7 acres of neighborhood commercial north of and parallel to Marana Road, mixed use area residential and commercial on the southwest corner of the site with a maximum of 50 percent residential. The northwest area of the site is a combination of medium high residential which is attached single family and multi family and the remainder would be 35 acres of low to medium residential which would include attached and detached single family units. The lot size in the medium to high is about 1625 sq. ft. per unit. The size in the single family detached is 2200 sq. ft. The project is designed to be a walk able fairly complete project that combines a wide range of uses. The planning commission recommended approval in July. Mr. Cassidy stated they have gone through the ordinance and made some clean up revisions. He referred to condition two and seven in the development agreement where change was made clarifying language. The pedestrian underpass was revised so they would be required to dedicate up to 1000 sq. ft. of right of way for a Marana Road pedestrian connection. They also have to contribute $300,000 for the pedestrian connection improvements or downtown beautification payable upon issuance of the first grading or building permit on the property. Condition eight was amended. It now reads that the developer shall participate in the design and construction of circulation improvements to Marana Road, Marana Main Street and Sandario Road. If the initial four lane improvements to Marana Road are not constructed in connection with the development of the Sanders Road project the developer shall be responsible for that construction in lieu of any obligation to participate in the design and construction of Marana Main Street or Sandario Road. The cost of which shall be credited against transportation impact fees payable for development within the property. The specific obligations for the participation in this construction will be carried out through a later development agreement and probably a community facilities district agreement. Paragraph ten was changed to the entity responsible for waste water management. The requirement to transfer the water rights depends on whether they have any water rights to transfer. They have added paragraph 18 in light of the FEMA letter. Mayor Honea asked if we knew what the cost to construct the four lane improvement would be. Mr. Kish stated for four lanes approximately $1.9 million per mile per lane for a four lane road. The town is concerned about a regional connectivity issue for the new downtown. While a traffic study may base it on what's directly related to their project, staff's concern has been based on an overall view of how the downtown is going to function. Mayor Honea asked what the distance from Marana Road to Sandario on the proposed Marana Main Street alignment was and what the cost would be for three lanes. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 Mr. Braun stated a little over a quarter of a mile at approximately $1.8 million. Mr. Cassidy stated that if Sanders Grove actually builds the four lane Marana Road that the traffic impact analysis for this project may require two additional lanes for the frontage so that would have to be factored in. Jordan Rose, Cardin Companies and J.F. Properties, addressed Council and stated they agree with the staff stipulations. She stated they have not talked specifically about what their obligation with regards to Marana Main Street was. They are committing $300,000 for the town to utilize in beautification efforts to downtown or for a under or overpass. The have previously committed to a kiosk to promote downtown. They are committed to downtown and making it successful. Stipulation number eight was reworded. They have started the discussion regarding a development agreement. They are aware they are committed to design and construct Marana Main Street and they will resolve the detailed issues with staff. They need to understand what the obligations are. She stated they have been sent a Prop. 207 waiver. On Marana Road they are obligated to build out two lanes. She stated the specific questions need to be addressed in the development agreement. Mayor Honea stated that he does not want to see 2200 sq. ft. lots with two-story houses which are not attractive and not what we want to see in the downtown area and hopes that issue could be addressed. He stated they have never allowed the densities requested. He stated he appreciates the pedestrian underpass and thinks it will be a benefit to everyone. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2007-25 was unanimously approved to be continued to October 16. 7. PUBLIC HEARING. Ordinance No. 2007.26: Relating to Development; approving and authorizing a rezoning and a minor General Plan amendment for La Vista Bonita (Kevin Kish) Mr. Kish addressed Council and stated they received a request from the applicant for continuance of this item until the November 20`x' Council Meeting to allow additional time to work with the surrounding property owners. Roger Whitney addressed Council and stated his property borders the south of the proposed development and they are apposed to the zoning of R-36. He stated their initial position was eight homes in 24 acres which is approximately 3.3 acres per home. Upon motion by Council Member Comerford, seconded by Council Member McGorray, Ordinance No. 2007.26 was unanimously approved to be continued to the November 20~' Council meeting. 11 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 8. PUBLIC HEARING. Ordinance No. 2007.27: Relating to Development; approving and authorizing a rezoning for the for DeAnza Specific Plan (Kevin Kish) Vice Mayor Kai declared a conflict of interest. Mr. Kish stated public hearing was held during the August 29`" planning commission meeting and the planning commission voted unanimously to recommend approval to town council. The applicant provided the town council with the overview presentation on September 18~'. Red Point Development, on behalf of the property owners, requests approval of a change in zoning on approximately 133 acres of land located a quarter mile north of Cortaro Farms Road on the west side of Hartman Lane. The applicant proposes rezoning from the C large lot zone to F zone which is our specific plan designation. This would allow for residential development of two separate districts. The DeAnza estate, which proposes 14 single family residential lots with a minimum lot area of 36,000 sq. ft. and the second DeAnza area is the smaller lot subdivision encompassing approximately 93 acres of land with a minimum lot size of 4500 sq. ft. and an average of 8,000 sq. ft. The tentative development plan proposes two points of access by way of Hartman Lane and one point of access for the DeAnza Estates by way of Hartman Lane. Emergency access with be provided by way of the dedicated road on the west side of DeAnza. The smaller lot is proposed to be mass graded including the drainage structure, building pads, recreation, utilities, and roadways. The Estates area is proposed to be a large lot with gradable envelopes incorporated into it. The project proposes to set aside approximately 31 percent natural and undisturbed open space. The majority of this area is located along the Hardy wash. The proposed active and passive recreation areas include a total of 11.6 acres that will function as a combination of drainage and improved onsite recreation facility or stand alone recreation facilities. The subdivision is proposed to use the concept of cooing. The specific plan's architectural design component provides the standards to ensure variation of the home styles and distinct street appeal. It meets our adopted residential design standards. The restriction of two story models does differ from the town's residential design standards of 50 percent and proposes a 75 percent limitation. The applicant is looking at the sensitivity and proposed two story restrictions for all the lots abutting residential lots within the existing Cortaro Ranch development and for all the lots in DeAnza Estates proposed to be single story. They have added condition number 20 that the applicant shall provide a public equestrian easement through the Hardy wash as accepted by the planning director and town engineer. The sewer service agreement and master sewer plan must be submitted to the entity responsible for waste water management and the town engineer prior to approval of the final plat. Carolyn Campbell, representing the Coalition for Sonoran Desert Protection, expressed that the Coalition is very disappointed that it may go forward and that it has gone this far in the process. She stated none of the concerns brought forward 12 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 by the Coalition were dealt with and none of the concerns in two detailed letters from Pima County dealing with ecological significance were headed. She stated the town has policies for preservation in this area and these have not been followed. The staff s recommendation for open space was met not even halfway. There are town ordinance requirements that are not being complied with. U.S. Fish and Wildlife Service gave the developer recommendations and targets for open space that were not followed. There were changed on the eastern edge on the Hardy wash in the estate lots and they are pleased with that. However, when that preservation of the Hardy wash goes towards the west it is met with either a highly developed area which includes a channelization or the Hardy wash is followed into property that the developer has no control over. She stated she has been working at the request of the town manager on a Habitat Conversation Plan policies and programs. She stated if the Coalition does continue their involvement with the Habitat Conversation Plan she would like to go over the concerns. She stated they would request that this be denied. She suggested alternatives of preserving the Hardy wash and setting aside 70 percent and without that do some sort of off site mitigation. Upon motion by Council Member Comerford, seconded by Council Member Clanagan, Ordinance No. 2007-27 was approved 5-0 with the 20 recommended conditions. K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Council voted unanimously to convene to Executive Session. 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 and water service 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) Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consult with the Town's attorneys concerning potential litigation with the City of Tucson 13 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: October 2, 2007 (1) to address and seek reimbursement of water line relocation costs associated with the Town's Silverbell Road and Thornydale Road projects and (2) to seek declaratory and other appropriate relief with respect to water service and service area issues. Mr. Cassidy stated on the item regarding the intergovernmental agreement there was no action required. He stated the legal department requests authorization per the discussion in executive session with respect to the water line relocation cost issue with the City of Tucson. Upon motion by Council Member Comerford, seconded by Council Member Clanagan authorization as discussed in Executive Session was unanimously approved. N. FUTURE AGENDA ITEMS O. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Comerford, 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 October 2, 2007. I further certify that a quorum was present. ocelyn .Bronson, Town Clerk 14