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HomeMy WebLinkAbout12/19/2007 Special Council Meeting MinutesMINUTES OF SPECIAL SESSION COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 19, 2007 PLACE AND DATE Marana Municipal Complex A. CALL TO ORDER AND ROLL CALL, By Mayor Honea at 5:00 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 Excused Carol McGorray Council Member Present Roxanne Ziegler Council Member Excused STAFF Mike Reuwsaat Town Manager Present Gilbert Davidson Deputy Town Manager Present Deb Thalasitis Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA Approve. Moved by Council Member Carol MeGorray, Seconded by Council Member Patti Comerford. D. CALL TO THE PUBLIC GENERAL ORDER OF BUSINESS E. COUNCIL ACTION 1. Relatinp- to Personnel: Acceptance of the resignation of Tim Escobedo (Frank Cassidy) Frank Cassidy addressed Council and indicated that the statute defining vacancy does include a provision for acceptance of resignation and that his previous direction and advice was incorrect. The Council should adopt a motion accepting the resignation in order for it to be clear that there is a vacancy on the Council. Approve, Motion by Council Member Russell Clanagan, Seconded by Council Member Carol McGorray. Unanimously approved. MINUTES OF SPECIAL SESSION COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 19, 2007 Resolution No. 2007-232: Relating to Development; approving and authorizing the 2007 Marana General Plan (Kevin Kish) Frank Cassidy explained to Council that the research after the December I I meeting indicated that you do not count a vacant Council position in determining the two-thirds vote but you would count an absence, and because of the technical question of the vacancy of Mr. Escobedo's position at that time you took the vote, I've asked that this be brought back so that the General Plan can actually be adopted by 4 out of 6 positions. Approve, Motion by Council Member McGorray, Seconded by Council Member Clanagan. Unanimously approved. F. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. 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 lawsuit entitled Town of Marana v. Pima County, Pima County Superior Court No. C20076038, and to direct the Town Manager and Town Attorney with respect to that litigation and other water rights and water service issues (Frank Cassidy) 3. Execution session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiationsfor the purchase of property rights neededfor the Twin Peaks interchange project, CIP number 2001-44, from the parcels ofproperty generally identified as Pima County Assessor's parcel numbers 226-15-01", 226-08-0140, and 226-15-0130, and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. Approve, Motion by Council Member Patti Comerford, Seconded by Council Member Clanagan to go into executive session under Item F. 3. Unanimously approved Frank Cassidy addressed the Council and stated that with respect to executive session item 3, town staff would request authorization to settle on Parcel 226-15-OIOA for a total amount not to exceed $ 437,987 that includes just compensation and estimated closing costs. Approve, Motion by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. Unanimously approved. G. FUTURE AGENDA ITEMS 2 MINUTES OF SPECIAL SESSION COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: December 19, 2007 Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) F. ADJOURNMENT Motion: Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorra Unanimously approved. Y. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 19, 2007. 1 further certify that a quorum was present. ?elyn C. "nson, Town Clerk OF hf4 ro ORP 0 We'& C:xDC> TP SEALAO 3