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HomeMy WebLinkAbout03/20/2007 Regular Council Meeting Minutes MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 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 Present 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 INVOCATIONIMOMENT OF SILENCE Led by Mayor Honea. C. APPROVAL OF AGENDA Upon motion by Council Member Allen, seconded by Council Member McGorray, item 1.2 on the Consent Agenda was placed as number two and items 9 a and b will be moved to the first position on Council Action. The agenda as corrected was unanimously approved. D. CALL TO THE PUBLIC Dale Hill addressed Council and discussed SCORE, a service of the Federal Small Administration and a volunteer organization that will begin offering business counseling in Marana beginning April 3rd. They will be using the conference room at the Urgent Care Center on Silverbell Road. In cooperation with the Chamber of Commerce they hope to offer this as a volunteer, confidential free service. SCORE in this area is made up of about thirty volunteers in Pima County who all have extensive experience in business, who are all retired and have gone through a training qualification with SCORE and the Small Business Administration. Jack Yancick addressed Council regarding the proposed Circle K at Twin Peaks and Coachline. He asked why they would want to build the biggest gas station Circle K has right next to a playground, a community pool, and a ball diamond. Why would they want to build in within a few feet of an intersection that has to have two crossing guards? Why would they I MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 want to build this type of station to attract whatever travels I-I O? He stated he has a petition drive, but he would like Council's action. E. PRESENTATIONS SAHBA Parade of Homes This event will take place next year and will feature seven of their custom home builders. Steve Canatsey, Chair, addressed Council and stated they look forward to working in Marana and providing an avenue for displaying their energy efficient homes they will be building. They are expecting approximately 30,000 people to go through the parade of homes and they will be open three weekends and two weeks. They will be doing a charity event at the Parade of Homes. The site is called the Preserve on the Bajada. It is located on the southwest comer of Moore Road and Camino de Oeste. There are approximately 29 lots there. ANNOUNCEMENTS 1. Marana Police Department - Special Olympics Sergeant Hess addressed Council and stated they just completed their first phase for Founder's Day. They are now focusing on team roping and barrel racing. Some oftheir major sponsor's are Trico, Conquistadors, Jim Click, The Bridle and Bit Ranch, Post Farms, Marana Stockyards, Clark Farms, Atlas Copco, Ed Hannon RV, and the Western Heritage Community. They are requesting Council and the public's support. 2. Marana Chamber of Commerce Quarterly Report Ed Stolmaker, President and CEO, addressed Council and stated they had a very successful quarter. They had 92 people at their last breakfast. They are moving their breakfasts to the Taste of Texas starting in April. Luncheons are now at Lazy K. INTRODUCTIONS PROCLAMATIONS/UPDATES -Arizona Work Zone Safety Awareness Week F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Escobedo talked about Founder's Day and thanked staff. Vice Mayor Kai stated today there was an opening ceremony for the Yuma Desalting plant. This plant was constructed 10 years ago by the Bureau of Reclamation and it was supposed to take water from the Yuma area, treat it, and deliver it to Mexico. Our obligation with Mexico is to deliver 100,000 acre feet of water down the river for Mexico's needs. The plant hasn't been in operation because there was a lot of water stored in the darns. Now we are in a drought storage time and it is necessary to get the plant going, clean up the water and fulfill the obligation. Mayor Honea stated that he, Council Member Escobedo, and Council Member McGorray went to the ground breaking for the Parade of Homes. There are seven specialty builders, very respectful of the land with very little disturbance. Mayor Honea wanted to thank everybody for giving him the opportunity to serve the community for the next four years. He 2 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 stated that the Governor called to congratulate him and that Marana is starting to make its mark. G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson addressed Council and stated all four lanes will be open on Cortaro Road mid next week. He announced there is a new program called the Citizen Request Tracker which is a part ofthe web site at www.Marana.com. It allows citizens to e-mail the Town on any issue they are experiencing out in the community. Mr. DeGrood addressed Council regarding the TREO economic blueprint unveiling next Wednesday at the Fox Theater at 4:00 p.m. Tickets can be obtained through TREO. H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA 1. Resolution No. 2007-36: Relating to Geographic Information Systems (GIS); approving and authorizing the Mayor to execute an intergovernmental agreement with Pinal County for the sharing of geographic information systems data and information. (Joe Lettrick) 2. Resolution No. 2007-38: Relating to Liquor Licenses; consideration of recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Bao Quoc Ma on behalf of Miss Saigon Bar and Grill, located at 4650 W. Ina Road (Jocelyn Bronson) 3. Resolution No. 2007-39: Relating to Development; approving and authorizing a {"mal plat for Tortolita Vistas (Kevin Kish) 4. Resolution No. 2007-40: Relating to Streets; approving and authorizing the Mayor to execute an acquisition agreement with Khurana Management, Inc., an Arizona corporation, for the purchase of public rights-of-way as needed for Thornydale Road, Project No. 2002-58 (Barbara Johnson) 5. Minutes ofthe February 20, 2007, regular meeting and February 27, 2007 joint special session. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, the Consent Agenda was unanimously approved. J. COUNCIL ACTION 9. a. Resolution No. 2007-45: Relating to Elections; declaring and adopting the results of the primary election held on March 13,2007 (Jocelyn Bronson) 3 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 Mr. Cassidy stated the County has provided the canvas to us and the law provides that the canvas needs to be approved within not less than six and not more than 20 days after the election. It is being provided for official adoption. Upon motion by Council Member McGorray, seconded by Council Member Escobedo, Resolution No. 2007-45 was unanimously approved. b. Resolution No. 2007-46: Relating to Elections; certifying facts regarding automatic recount of the March 13, 2007 Town of Marana primary election to the Pima County Superior Court, authorizing the filing of a petition in Superior Court; and declaring an emergency (Frank Cassidy) Council Members Comerford, Blake, and Allen declared a conflict of interest. Mr. Cassidy stated this item is essentially an automatic recount. There is a statute on automatic recount that provides that when the difference between the top and second candidate is less than ten votes it goes to an automatic recount. Those facts are certified into the Superior Court then the court looks at the facts, and determines a recount. Because of our particular code, we have a code provision that says that if a person receives the votes from more than half of the people submitting ballots they are directly elected without having to go to the general election. In our situation, Council candidate, Russell Clanagan, is basically two votes short of being directly elected at the general election. It is not clear whether that statute applies based on the specific wording of the statute in that it talks about two candidates. At the state level, there are no candidate elections where a person is running against just a number so the safe thing to do and what they are recommending is that the Council certifies the facts into court. He has prepared a petition and then let the judge determine whether or not the automatic recount statute applies. The affected candidates will then have an opportunity to give their positions on that to the judge, but if the judge determines that the automatic recount situation does apply then a recount will be ordered by the judge. If the judge decides that no, since we are not dealing with two candidates, it doesn't apply then the judge would decide not to order the recount. Mr. Cassidy stated that typically a court will give any other interested parties five days to respond and then a hearing will be set almost immediately after those five days. He would expect by the end of next week the judge would hold a hearing and make a determination on whether or not to order the recount. Council Member Escobedo stated that based on the assumption on election night that Mr. Clanagan had won, wanted clarification on this issue. Mr. Cassidy stated on election night it appeared that Council candidate Clanigan had four votes over the fifty percent so it looked like he had directly been elected, but as of election night the provisional ballots had not all been counted and that is 4 MINUTES OF REGULAR COUNCIL MEETING MARAN A MUNICIPAL COMPLEX DATE: March 20, 2007 the difference. There were also a few votes that had been mailed in and those were not counted until the next day. Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, Resolution No. 2007-46 was approved 4-0. 2. Resolution No. 2007-37: Relating to Water; approving and authorizing the Mayor to execute an intergovernmental agreement with the Town of Oro Valley for water service to the Northwest Fire District fire station located in Marana (Frank Cassidy) Mr. Cassidy stated this item is an intergovernmental agreement with the Town of Oro Valley regarding water service to the Northwest Fire District fire station at Star Grass and Cortaro Road. This is within the Town limits, but it is immediately across the streets from some homes that the Town ofOro Valley currently serves. This agreement says that Oro Valley can go ahead and hook them up for water service when the Town of Marana gets its water facilities we will then switch over. James Schuh addressed Council and stated a year later in March there still is no water hook up to the station. He asked how many times are we going to have to pay to have this hook up. Jayme Kahle, Division Chief of Northwest Fire, asked for support to approve the IGA. He stated by supplying Oro Valley Town Council their approval to supply the water to the district is the best interest of all their taxpayers. This neighborhood is actually served by three different water entities. Tucson Water is east oftheir location. Oro Valley is north ofthe location supplying the park and then they're inside the Marana Water serve area. The closest location to tap into the Marana Water is over a mile away and it is hard to predict what the cost would be to extend lines to their location. Another water utility has an eight inch main immediately in front of their station that will not tax their system that allows them to tap into their water system. The building is about 80 percent. Brad DeSpain addressed Council and stated when it first started the idea was to have Tucson Water serve that station. Oro Valley is within 75 feet because they serve the park right next door. Upon motion by Vice Mayor Kai, seconded by Council Member Comerford, Resolution No. 2007-37 was unanimously approved. 1. PUBLIC HEARING. Ordinance No. 2007.05: Relating to the Police Department; amending Town Code, Title 4, Chapter 4-1, by adding Section 4-1-8, entitled "Public Safety Employee-Employer Relations; Meet and Confer"; and declaring an emergency (Frank Cassidy) 5 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 Mr. Cassidy introduced Beverly Ginn, outside counsel. Ms. Ginn addressed Council and stated they are talking about establishing the first employee association with the right to meet with members of the manager's staff to meet and confer on issues related to compensation and terms and conditions of employment. She stated the ordinance provides a process where on an annual basis the association may come forward and put before the manager for his consideration their concerns. The annual process is set to occur on December 15th each year. Within 30 days of their presentation to the manager oftheir concerns the manager's representatives will meet with members of the MPOA to meet and confer on their concerns hopefully with the resolution being the adoption of a memorandum of understanding. That memorandum of understanding would come before the Council on an annual basis for its approval. Bill Lorefice, President of MPOA, addressed Council and stated in other municipalities around the state this is a growing trend. However, it is usually met with a lot of diversity. He stated he is proud of how the Town and the association have handled this. He stated he is very optimistic they will be able to work well together in the future. Mr. Reuwsaat stated he is proud ofthe way both the administration and the MPOA have worked together. He stated he recommends approval. Upon motion by Council Member Comerford, seconded by Council Member Escobedo, Ordinance No. 2007.05 was unanimously approved. 2. Resolution No. 2007-41: Relating to Special Events; approving and authorizing support for the 2008 Parade of Homes (Gilbert Davidson) Mr. Davidson addressed Council and stated the Parade of Homes will be held February, 2008. The resolution of support is that we will provide in kind services, namely help with the coordination efforts ofthe security, traffic planning and we will also work with them on any other type of issues that may occur. Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2007-41 was unanimously approved. 3. PUBLIC HEARING. Ordinance No. 2007.06: Relating to Development; approving and authorizing a rezoning for Marana Place (Kevin Kish) Mr. Kish addressed Council and stated The Planning Center, on behalf of the applicant, requests a change in zoning on 2.4 acres. The site is generally located at the southwest comer of Sandario and Grier Road. The applicant is requesting to change the zoning district from A to NC. The tentative development plan calls for two retail buildings for a total of 17, 580 sq. ft. It will provide 95 parking spaces. Because of the adjacency of single family residences, staff has recommended a condition restricting deliveries to between the hours of 6:00 a.m. and 10:00 p.m. only. The general plan designates this site as part of our Town core. The 6 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 ingress/egress points from both Sandario and Grier will be provided into the development. Necessary rights of way will be designated along Sandario and Grier Road. Under the proposed NC zone there is no hour restriction on hours of operations. Vice Mayor Kai stated he did not see any retention basins and asked how the runoff from the current lots will be handled. Mr. Kish stated the drainage is part of the Town center area. The northwest area plan requires it to retain onsite. This concept of retention areas is in the landscape buffer and around the perimeter of the site. With the application of the development plan it would be further reviewed and an analysis of that to make sure it meets requirements of the codes. Linda Morales, from The Planning Center, stated if they do need additional storage they have considered some underground in a tank. Their preference would be to keep it on the surface in a landscaped area from a cost and esthetic standpoint. Harry Christman who is a member of the Marana Community Christian Church, addressed Council and stated they are concerned about what types of businesses that may be licensed to work in that area. The other concern is potential traffic interference. Mayor Honea asked if there were clients for the buildings yet. Ms. Morales stated they tentatively have a client, Family Dollar, for the larger of the two buildings and their closing time is 8:00 or 9:00 o'clock. The delivery times are typically between eight and five. A suggestion from the neighbors was a hardware store and they are discussing whether they can do that. They envisioned the other building to be divided up into smaller spaces and nothing that would have extended hours of operation. Sandario and Grier are operating under capacity for traffic and this is adding a modest amount of traffic. The traffic is not a peak hour, not concentrated at anyone point during the day. Council Member Comerford stated she is uncomfortable with doing the rezoning not knowing who the tenants will be. Mr. Kish stated one of the things they want to do is add an additional condition. They would like to make a condition this project would be subject to the commercial design standards. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Ordinance No. 2007-06 was tabled until after item J.4 was approved. The motion carried unanimously. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 Mayor Honea stated he felt that the following condition should be added: the development shall conform to the Town's commercial design standards. Mr. Kish stated the downtown or center design manual that was created did not take into consideration outside of the main street influence area. Upon motion by Council Member Escobedo, seconded by Council Member Allen, Ordinance No. 2007.06 with the additional condition #7 was approved 6-1, with Council Member Comerford voting nay. 4. PUBLIC HEARING. Ordinance No. 2007.07: Relating to Land Development; Adopting Commercial Design Standards Title 8, and amending Title 3, Definitions, of the Land Development Code (Kevin Kish) Mr. Kish stated at the September, 2004 Council/management retreat, the Council identified commercial design standards as one of the priorities to get established. In working with a consultant, drafts ofthis have been created. The Planning Commission held a public hearing on this in July and unanimously recommended approval. The intent of the commercial design standards is similar to that of the residential design standards to establish a set of clear, enforceable yet flexible standards that are applicable to all pertinent development without the need to use the specific plan process. Some of the commercial design standards are to encourage consistency in the quality of commercial development within the Town, establish a set of baseline review criteria for the commercial projects. They will also provide consistency for Town staff, elected officials and the development community, foster a more creative approach to commercial development, serve as the foundation for future commercial oriented specific plans, assure the fair and consistent application of the Town's design objectives and ensure that the commercial development is functional and safe. The new standards would apply to all new commercial development. In addition, it would apply to redevelopment of an existing center where all or most of the existing structure would be raised and new structures built. In that situation it would use an addition of 50 percent or greater of the total square footage of the existing structures or exceed 50 percent of the current appraised value. Design standards are organized around site planning and building design. Site planning includes the overall site layout and building orientation including the relationship of buildings to one another which in the standards expands upon existing circulation, vehicular, pedestrian, landscaping and screening requirements. Building design includes the architectural character including requiring a unified design concept, foresighted design and provides special considerations to buildings visible along the 1-10 corridor. The standards address other concerns such as massing with respect to very large commercial box type developments and the long expanses of store fronts that require breaking those up into more articulation and better visual. They have identified materials and colors specific to the Sonora desert. The standards are not intended to appose a specific 8 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 architectural style, but rather offer guidance in achieving the commercial development with the local sensibility. Upon motion by Council Member Escobedo, seconded by Council Member Allen, Ordinance No. 2007.07 was unanimously approved. a. Resolution No. 2007-42: Relating to Land Development; Declaring the Commercial Design Standards, Title 8, and Title 3, Definitions, of the Land Development Code as a public record filed with the Town Clerk; and declaring an emergency. (Kevin Kish) Mr. Cassidy stated this is the declaration of public record in order not to spend funds to have it published. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Resolution No. 2007-42 was unanimously approved. 5. Ordinance No. 2007.08: Relating to Annexation; annexing into the Corporate limits of the Town of Marana that territory known as The Villages of Tortolita Annexation comprised of approximately 440 acres of land within Pinal County, on the north side of the Pima/Pinal County line and east of Interstate 10. (Kevin Kish) Mr. Kish stated the Town has received the signed petitions representing over 50 percent of the property owners and over fifty percent of the real and personal property value. In addition, they are looking at translating the zoning. Currently, it is general rule under Pinal County and will translate to the Town's designation of R-80. They have included the infrastructure and service plan. Upon motion by Council Member Allen, seconded by Council Member Blake, Ordinance No. 2007.08 was approved 6-0 with Vice Mayor Kai abstaining. 6. Resolution No. 2007-43: Relating to Development; approving and authorizing a preliminary plat for Old West Industrial Village (Kevin Kish) Mr. Kish stated the applicant is requesting approval of a preliminary plat allowing for a development of an industrial condominium project consisting of 16 units. The project was presented to the Planning Commission in February. The Planning Commission is forwarding the preliminary plat with unanimous recommendation for approval. The proposed industrial complex will encompass 3.7 acres. The condominium development consists ofa one lot condominium plat that will allow for some exclusive use areas that will create the ability to have suites that they can lease or sell to the incubator type businesses. This is located at the end of Camino Martin. Council Member Escobedo asked how traffic on Camino Martin would be affected. 9 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 Mr. Kish stated that they are looking at alternatives for Camino Martin. Additional roads connected to Regency Plaza have been under consideration and discussion. Based on the traffic analysis this is still an acceptable project to move forward to the development and planning stage. Mr. Reuwsaat stated staff is in the process of working with a consultant to do the Ina Road DCR so they can address all the issues. There will be recommendations about how to improve the traffic flow on to Ina through town boundaries. Vice Mayor Kai asked if the builder would be required at their cost to hook up to the east if there was a spine road. Mr. Reuwsaat stated the options they have looked at deals with Jeremy Place. The owners behind Lowe's will probably bear most ofthe burden and will be creating a large impact. Upon motion by Vice Mayor Kai, seconded by Council Member McGorray, Resolution No. 2007-43 was unanimously approved. 7. Resolution No. 2007-44: Relating to Budget; adopting Financial and Budgetary Policies and Guidelines (Erik Montague) Erik Montague, Finance Director, addressed Council and stated these procedures provide the overall conceptual framework to provide the vision for a long-term financial plan as embodied within a budgetary document. These incorporate several key recommended practices by the Government Finance Officers Association and generally provide for the necessary framework to build a well balanced and thought out budget. Some of the specific recommendations deal with revenues, revenue reserves, fund balances, capital planning, debt management and overall budgetary control. Upon motion by Council Member Escobedo, seconded by Council Member Allen, Resolution No. 2007-44 was unanimously approved. 8. PUBLIC HEARING. Ordinance No. 2007.03: Relating to Development; approving and authorizing a Specific Plan for Barrios de Marana. (Staff request for clarification of conditions of approval; see March 6, 2007 meeting.) (Kevin Kish) Mr. Cassidy stated on March 6th they had quite a bit of feedback regarding Barrios de Marana rezoning of the specific plan which resulted in the addition of two conditions. One relating to a one story restriction on McDuff and second a limitation on apartment units to 60 percent ofthe total units. Basically when that was drafted and in discussing it with the developer they felt they could clarify it a little more. Item 19 is proposed to say any and all structures, any portion of which is located within the following areas shall not exceed one story and 22 feet in 10 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 height, 60 feet from the property boundaries or 120 feet from any currently existing residence on those lots. Item 21 relates to the second condition. They thought it would be better to relate that to a total number of allowable units on the property because that way it is easier to account for. The way they have it written is at least 60 percent of the allowable residential units within the residential land use designation area shall be developed with residential units designed, developed and offered for individual sale. Item 20 says there shall be no more than 350 total allowable residential units within the residential land use designation area. Item 22 is deleting the reference to the minimum gross area per dwelling unit. We just have the cap on total number of units and then we eliminate the area per dwelling unit. Mayor Honea stated he wanted something in this document that states the front buildings on Grier and the front buildings against Marana Estates and the two buildings behind the McDuff house have to be single story buildings. Mr. Cassidy suggested a version C, which says fronting Marana Estates, Grier Road or the residential properties along McDuff Road. Council Member McGorray asked if the town had any design standards for attached units. Mr. Kish stated the specific plan has some standards within it, but we do not have a zoning code or an overly with design standards for multi-family or attached product at this time. Mr. Cassidy stated now it reads any and all structures any portion of which is located within the following areas shall not exceed one story and 22 feet in height and now they are adding any and all structures fronting on the Marana Estates subdivision, Grier Road and residential properties on McDuff Road. Vice Mayor Kai asked regarding whether on the western boundary if there would be a retaining wall separating the two entities. Mr. Kish stated there would be a perimeter wall minimum six foot high between the west boundaries. Vice Mayor Kai asked if there are any plans for people in Marana Estates to have access to the east and are there any plans for pedestrian access only for Marana Estates. Jack Neubeck stated at the neighborhood meeting they expressed that there would be some breaks there and one of the logical places would be at Watz Road and also the south so they could walk through the neighborhood. Vice Mayor Kai asked if Marana Estates was going to get a pocket park. 11 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 Mr. Reuwsaat stated with the grant he didn't think they were getting a pocket park. They were getting lighting and sidewalks so they would either use Ora Mae Ham Park or these pocket parks ifthere is access across. Mr. Neubeck stated there would be access. Mr. Neubeck stated the maximum number of apartments under this condition would be 140 and a lot of people would not touch an apartment building unless it was 200. He stated if it was by area they could make it work. He stated this had always been discussed by area rather than total number of units. Upon motion by Council Member Escobedo, seconded by Council Member Comerford, Ordinance No. 2007.03, version C with number 20 from version B in place of number 21 of version C was unanimously approved. K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. State Le2islative Issues: Discussion/Direction! Action regarding legislation and all pending bills before the Legislature. This item will appear on each agenda while the Legislature is in session. (Mike Reuwsaat) M. EXECUTIVE SESSIONS 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. 1. Executive session pursuant to A.R.S. ~ 38-431.03(A)(4) to consult with and instruct the Town's attorneys concerning the Town's settlement negotiations regarding Town of Maran a v. Tucson Electric Power Co., Pima County Case No. C20024896, a condemnation case to acquire property rights needed for Cortaro Road construction. (Frank Cassidy) 2. Executive session pursuant to A.R.S. ~ 38-431.03(A)(3), (4) and (6) for legal advice with the Town Attorney concerning water rights issues and to consult with and instruct the Town Attorney and the Town Manager on the Town's position regarding various pending contract and property acquisition negotiations with the goal of securing additional Town water resources. (Frank Cassidy) Upon motion by Council Member Comerford, seconded by Council Member Escobedo, Council voted to go into Executive Session. 12 MINUTES OF REGULAR COUNCIL MEETING MARANA MUNICIPAL COMPLEX DATE: March 20, 2007 Mr. Cassidy stated on item M.l they are asking to move that matter into binding arbitration as discussed with outside counsel, John Brady, in Executive Session. Upon motion by Council Member McGorray, seconded by Council Member Blake, item M.l was unanimously approved. Mr. Cassidy stated on item M.2 he is asking for authority to continue to proceed with the various water negotiations as discussed in Executive Session. Upon motion by Council Member Escobedo, seconded by Council Member Blake, item M.2 was unanimously approved. N. FUTURE AGENDA ITEMS O. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, Council voted to adjourn. I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 20, 2007. I further certify that a quorum was present. ~,\\,n'",,~ ~ _\ OF M/l ~... ~ ~'&\\,mr"'li'-<> ~~ SO~ ~~~ :: ~ # cORPORAr,.~ ,.... ~ .. :: 00c> l; ~))'_ - -S -- s \~EAL.J s ,~~,.' IliiiiU\.\' 13