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HomeMy WebLinkAbout12/19/2007 Amended Special Council Agenda PacketV N p � 7 X 7 4 R10�` AMENDED SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 December r 1 , 2007 at or after :00 p.m. E d Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clana an Patti Comerford Trim Es cobedo Carol McGorr Roxanne Ziegler ACTION MAY BE TAKEN BY THE COUNCIL O ANY ITEM LISTED] ON THIS AGENDA. Revisions to th agenda can occur up to 24 h ours prior to the rnetin. Revised agenda items appear in italics. AS A COURTESY TO OTHER-S PLEASE T R-N OFF . PUT IN SILENT MODE ALL PAGERS AND CELL PHONES. Welcome to this Marana Council meeting, Regular Council meetings are usually held the first and third Tuesday of each month at :00 p.m. at the Marana Tana To n Ha although th e date or t ime may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may he revised up to 24 h ours prior t o the rnecting. In such a case a new agenda will be .posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Ton Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed f rom the meeting and will not be allowed to return. To better serge the .citizens of Marana and others attending cur meetings, the Council Chambers are w heelchair and handicapped ac cssiblc. Any person who, by reason of any disability, is in need o special services as a result of their disability, such as assistivc listening devices, agenda materials printed in Braille or lame print, a signer for the hearing impaired, etc,, will be accommodated. Such special . services are available upon prior request to the Town Clerk at least 10 working days prior to the Council . meeting. Copies. of the agenda .re available the day of the meeting the lobby outside the Council Chambers or online at w.marana. rn , by linking t the Town Clerk page under Agendas, Minutes and Ordinances. For about the Council meetings, special services .or procedures, please contact the Torn Clerk, at 382 -1999, Monday through Friday from :00 a. m. to : 00 p.m. Posted no later than December 'I 8, 2007, 4 :30 p.m., at the Marana Municipal Complex, the Marana Operations Carter and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. � 7 AMEADE_ SPECIAL COUNCIL MEETING NOTICE AND AGENDA A R Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 1 ecember 19, 2007, at or after 5:00 p.m, SPECIAL MEETING A. CALL To ORDER AND ROLL CALL B . PLEDGE OF ALLEGIANCE AND INVOCATIONIMOMENT OF SILENCE C. APPROVAL OF AGENDA D, CALL To THE PUBLIC At this. time any member of the public is allowed to address the Town Council on any issue not already on tonight's 'agenda. The speaker may have up to three minutes t spear. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Tow. Clerk prior to the conunencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the public, individual members of the council may respond to criticism made b those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a fa agenda. E. COUNCIL ACTION 1. Relating to Personnel Acceptance of the resignation of Tim Eseobedo ( Frank Cassidy) 2. Resolution Igo. 2007-232: Relating to Development; approving and authorizing the 2007 Marana General Plan (Kevin Kish) P. 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, ,S. § 38-431.03(A)(1) - and for discussion and consultation with the Town's attorneys regarding legal i lications nd procedures relating to the December' 10, 2007 resignation of Marana Town Council member Tim Es obedo at the Council's option, all or part of the discussion and legal advice relating to this item may occur in public Session) 3 . Executive Session pursuant to A. R. S. §38 431. 1 an d 7 to consider the ow 'sp sition and instruct its representatives regarding negotiations for the purchase of property rights neede the Vain Peaks interchange project, CIP m 2001 - 44, f 0M the parcels o fp rope rty ge n era y iden t: ted as Pima County Assessor's ptircel numbers 226-15-010A, 226-08-0140, and 226-15- fN 0 r 7 7 AMENDED SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chamber 11555 W. Civic Centel" Drive, Hagan , Arizona 85653 December 1 , 2007. at or after :oo p.m. 0130, and to instruct the Town's attorneys s in settlement negodations and contemplated condemnation proceedings relating to the same rrtr rights. G. FUTURE AGENDA ITEMS Notwithstanding the - mayor's discretion of what items to place on the agenda, if three' or more c ouncil 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 1larana Town Code, Title 2, Chapter 2-4, Section 2-4- H. ADJOURNMENT Tiny L.Escobedo P.O. Box 806 Marana, AZ 85653 December 10, 200 , Ed Honea Mayor Town of Marana 115 5 5 W. Clio Center Der. Marana, AZ 85653 Dear Mayor r Honea: Effective December 10, I any resigning from nay position as Marana Torn Council ember from the Town of Marana. My decision to leave is clue to personal reasons of which I must step back re- evaluate my life and take care of nay family. My decision does not reflect a.ohange in my opinion of the Town of Marana, this is my hone and will continue to be my home for as long as God allows nee to. I have served mfr community proudly and wish to thank nay community for allowing me to serve then. I shall remember the years serving on the Planning & Zoning Commission and serving as a Marana Town Council ember. Thank you for your continued confidence in me throughout the past 10 years. Sincerely, Tim L. Escobedo TOVVN COUNCIL MEETING INFORMATION TOWN OF MARANA M EETING DATE: December 19, 2007 AGENDA ITEM: E,2, To: MAYOR R AND COUNCIL ROM: Prank Cassidy, Town Attorney SUBJECT: Resolution No. 200 7-232: Relating to Developments approving and authorizing the 2007 1 larana General Plan. . DISCUSSION At the December 11, 2007 special meeting, the Town Council adopted the 2007 amendments to the General Plan (Resolution No. 2007 -219) by a vote of four to two. Arizona law requires the general plan to he adopted by two-thirds vote of the Ton Council. With the December 1 resignation of Council Member Tim Escobedo, there was some question as to whether the vote was adequate to pass the resolution. The Town Attomey has now researched the issue, and has found that a vacant position is not counted for purposes of calculating the two-thirds vote requirement. Cons q tly, it appears that the vote was sufficient to adopt the resolution, if Council Member s o edo's seat was considered "at" at the time of the vote. Because' the vote on the General Plan occurred before the Council's action relating to Council Member Eseo edo' resignation, the Town Attorney has suggested that the Council pass - a new resolution adopting the General Plan after taking an action formally accepting the resignation of Council Member Escobedo. Doing so will remove any question of the validity of the passage of the 2007 Marana. General plan. RECOMMENDATION Staff recommends adoption of Resolution No. 2007 -232, the 2007 update and amendment to the Town of Marana General Plan. SUGGESTED MOTION 1 move to adopt Resolution No. 2007 --232. oo0074.00 / aarawa General Plan 2007 TC MARANA RESOLUTION NO. 2007-232 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING IZING THE 2007 MARANA GENERAL PLAN. WHEREAS the Town of M Marana pp r d' n -adopted the current Marana General Plan on November 5, 2002 (Resolution No. 2002 -1 2; and WHEREAS in 1998 and 2000 the Arizona Legislature adopted the Growing Smarter Act and Growing Smarter Plus Act requiring Arizona cities and counties to prepare, adopt, and update General Plans; and WHEREAS in .order to - evaluate and subsequently respond to changing growth issues, Marana. has updated its current General Plan in compliance with the -Growing Smarter legislation; and WHEREAS the Town of Marana has disclosed the Town's update draft to jurisdictional reviewing agencies as. well as citizens, business owners, community -stakeholders, and ether private and public entities of interest in conformance with the State Legislation and in a manner conducive .to fostering public participation and comprehensive planning; and WHEREAS on November 14, 2007, after holding the required public hearing, the Planning Commission of the Town of Maran Arizona, considered the document known as "Town of Marana General Plan 2007" for adoption as the Marana. General Plan, and unanimously recommended adoption of said plan for use as the Marana. General flan; and VHEREAS the Town Council of the Town. of Marana, Arizona, held public hearings on December 4 and December 1 L 2007 on the Marana General Plan to obtain input on said plan, and believes that the adoption of the Marana General flan is in the hest interest of the citizens of the Town of Marana, Arizona; and WHEREAS the Town Council of the Town of Marana, Arizona, adopted Resolution No. 2007 -219 on December 11, 2007 b a vote of four in - favor and two against,, and treated it as having been passed by a two - thirds vote based on the tendered resignation of Council Member Tiny Escobedo- and WHEREAS, the Town Council of the Town of Marana, Arizona, now deems it prudent to adopt this resolution to -replace Resolution No. 2007-219, due to questions about the tinning of the resignation relative to the adoption of this resolution. oa7 1 .roc � . � � � o� Marana Resolution No. 2007 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of . Marana, Arizona,, that the Mara a General Plan 2007 be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of December 2007. ATTEST: Ed Honea, Mayor Jocelyn C. - Bronson Town Clerk APPROVED AS TO FORM: } Frank Cassidy, Town Attorney f00007341.DOC /) Mara,a Resolution No. 2007 -232 Page 2 oft