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HomeMy WebLinkAbout05/19/1998 Regular Council Meeting Minutes:. MIN UTES OF REGULAR COUNCIL 'MEETING. " ' .MARANA TOWN COUNCIL. '. '. II. IlL PLACE AND DATE Town Hall Marana, May 19, 1998 CALL TO ORDER By Mayor Ora Harn at 7:05 P.M. PLEDGE OF ALLEGIANCE Led by Vice Mayor Sutton INVOCATION Led by Paul Ruehl, Sr. of the Salvation Army IV. ROLL CALL VI. COUNCIL Ora Ham Bobby Sutton, Jr. Ed Honea Herb Kal Sherry Millner Michael Reuwsaat Roxanne Ziegler Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member STAFF Hurvie Davis Michael Hein Sandy Greseclose Roy Cuaron Jerry Flannery Dave After Jocelyn Entz Brad DeSpain Russell Dillow Dan Hochili Town Manager Assistant Town Manager Town Clerk Finance Director Planning Administrator Town Engineer Executive Secretary Utilities Director Magistrate Town Attorney APPROVAL OF AGENDA A motion was made by Mike Reuwsaat, seconded by Ed Honea, to approve the Agenda with exception of pullJng Item 9B as currently written. The motion was carried 7/0. ACCEPTANCE OF MINUTES Due to correction s of the minutes a motion was made by Bobby Sutton, seconded by Herb Kai to continue the acceptance of the minutes until the next Council meeting, the motion carried 7/0. VII. · · MARANA TOWN COUNCIL.' · · ' ' CALL TO THE PUBLIC/ANNOUNCEMENTS 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 (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council Chambers) and deliver it to the Town Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, the speaker's comments may not be considered, discussed, or even answered by the Council at this meeting, but may, at the discretion of the Town, be placed on a future agenda for discussion/action. Hurive Davis: it is with much sorrow that I inform the council as well as the public in this community, that last evening Mr. Vick Chamis past away. Mr. Charnis as many of you know, served with the Town for many years during it's formative stages. M.r Charnis was the Building Department. In that, he was a one person Department. He was the Building Inspector, PJans Examiner and Building Official. i've worked with a lot of people in my career, and I've never meet a finer man. He retired about three years ago, he was missed then, and will be missed more now. Thank you. Mayor Harn: Mr. Honea and myself had a very close relationship with Mr. Charnis. I would like Councilman Honea if he would speak on behalf of the council in a tdbute for Mr. Vick Chamis. Ed Honea: For those of us that go back to the very beginning in the formation of the community. You don't understand how important and how hard people are in the formulation of what you are doing. When we first started our Town, we didn't have any money to pay a building inspector, and no money to pay plans examiners. We didn't have enough money to pay the electric bill. Vick Chamis came to work for us and his office was his pick-up truck not a Town truck. He stored his map and equipment which he furnished and paid for out of his own pocket. Because we had no office for him. He did our inspections, ail design approvals on blue prints. Building Official. His pay was a tank of gas every two weeks. Using his own automobile and his own time. It's people like Vick Chamis who makes the Town of Marana what it is today. People that are willing to give of themselves. If everybody that worked for the Town of Marana had the integrity and the tenacity that Vick had, and the love for our Town we will never fall. He did a fabulous job. Mayor Ham: As a result Mayor and Town Council would like to leave a tribute to Mr. Carols. We are proposing this evening to name the well site in Adonis on amole Circle, The Vick Charnis Well Site. We will put up a sign that designates that well site in honor an memory of Vick Charnis. Dan Hochuli: I'd like to introduce someone. Ms. Susan Baczkiewica who is new with our firm. She's a paralegal. She comes to us with outstanding qualifications. 2 · i' "..". MINUTES. OFREGULARCOUNC]L.MEETING "' Mayor Harn: would like to present the Marana Cotton Letter Award to Mr. Hurvie Davis. 'Hurvie retires May 28, 1998) Hurvie Davis: Thank you Madam Mayor. I'm overwhelmed with what the Town has done for me. I had planned to give a talk later this evening under the Managers Report, but if it's appropriate now, I will say a few words. Five year and nine months ago, I stood before this Council and interviewed for Town Manager in an open session such as the one we are having here this evening. During that time I indicated to the Town what I felt was needed in the Town, based on the research I'd done prior to coming to the interview. During that interview I also indicated what I would do as Manager and how I would managed the Town. I hope that I have fulfilled those promises and commitment. Dudng those five year the Town has come a long way. I see it in who's well informed. I'm a non-smoker, but, Virginia Slim has a commercial that says you've come a long way baby, and Marana really has. I want to thank the Mayor and Council. Madam Mayor, you were the Mayor at that time and you are still the Mayor. Council Member Honea was a Council Member, former Mayor, back to a Council Member. Mayor Ham: We told you when you came we would be here when you left Hurvie Davis: I will always hold the fondest memories of my career with Marana. I've really enjoyed it here. The people are tremendous to work with and this is a tremendous community that has a very bdght future. And without a doubt the leadership that the Mayor and Council and the past Council I've worked with, has provided the leadership, direction, support and the confidence in me. I appreciate that. I will never forget Marana. I will hold it in my fondest memories. Thank you very much. VIII. STAFF REPORT No action taken. IX. GENERAL ORDER OF BUSINESS CONSENT AGENDAS Mike Reuwsaat: I would like to continue Item 9B for later agenda. The motion was by made by Mike Reuwsaat, seconded by Vice Mayor Sutton, to continue Item 9B, on the Consent Agenda, as written. Motion carried 7/0. Roxanne Ziegler: I would like to pull Item 5. Tax Code Amendments. I read it but I don't understand it. MINUTES· O.F. REGULAR COUNCIL MEETING· .. MARANA TOWNCOUNCIL May 19, 1998 Mike Reuwsaat: Is it critical that we pass this tonight? I need a little more time to review it too. I motion that we move it to the next meeting. The motion was made by Roxanne Ziegler, seconded by Mike Reuwsaat, to pull Consent Agenda Item 9A.5 from the Consent Agenda, as written, The motion carded 7/0 Dan Hochuli: We understand that some of you received the information late. We apologize and will get memos to you explaining our involvement with the Model Cities Tax Program. And how the state legislature updates that. It's a ministerial act for us to stay in compliance with the model Cities Tax Code, but we will get a memo out to you for the next agenda to further clarify that. 1. Resolution No. 98-50; Continental Rancho Sunflower, Phase ill: Request for Approval of a 182-Lot Single Family Detached Home Subdivision Preliminary Plat on 42.86 Acres Located in a Portion of the Northeast ¼ of Section 20, Township 12 South, Range 12 East. Property Owner/Applicant is Del Webb's Coventry Homes Construction of Tucson, 1565 E. Rancho Vistoso Blvd. Oro Valley, Arizona 85737 2. Resolution No. 98-51; Continental Ranch Parcels 36-38 & 40~ Phase iii: Request for Approval of an 81-Lot Singe Family Detached Home Subdivision Final Plat on 33.75 Acres Located in a Portion of the South, % of Section 16 and the North % of Section 21, Township 12 South, Range 12 East. Property Owner/Developer is Del Webb's Covertry Homes Construction of Tucson, 1565 E. Rancho Boulevard. Oro Valley, Arizona 85737. Resolution No. 98-44; Acceptance of Dedicated Ina Road Right-of-Way, Township 12 South, Ranger 13 east, Section 31. Resolution No. 98-43; Call of Special Election - Designating the Election Date and Purpose of the Election and Designating the Deadline for Voter Registration. Continued Resolution No. 98-53 and Ordinance No. 98~10; Tax Code Amendments. The motion was made by Mike Reuwsaat, seconded by Vice Mayor Sutton, to approve the Consent Agenda, as written. Motion carried 7/0. B. Continued - Vacancies on the Planning and Zoning commission and the Business Advisory Committee- Discussion/Action/Direction. C. Resolution NO. 98-47 - Vacating Right -of-Way Moore Road form Dove Mountain Road East to Camino De Oeste. Hurvie Davis: You might recall several years ago, maybe more. With the Heritage Highlands project coming in, it changed the alignment of Dove Mountain to what we now call Dove Mountain Blvd. Previously Dove Mountain off Tortolita Road ran north/south and Moore Road alignment is eastJwest. The intersection is not expandable, it needs to be set so that it comes in at a 90 degree angel. At the time the developer built a new roadway connecting from 4 '." · MINUTES ..... OF REGULARCOUNCILMEETING. ... .: . · ' MARANA TOWN COUNCIL · · " May 19, 1998 the east, Moore Road and around connecting with Tortotila Road. On the west side of it we had abandoned the right-of-way to the east which is before you this evening. I had some concerns that it would violate the integrity of our Transportation Plan for the Town, but there has been extensive analysis done as a result of that over the last year, which indicated the road ways would work with the traffic volume forecast for the future of Moore Road, and to offset that intersection would be adequate. I guess we were proceeding along those lines but then we had some concerns by the various utilities and that caused some delay. I think Mr. Atler is much more informed on the release of the utilities than I, so I will defer at this time to Mr. Atler. David Atler: There is actually one utility company and that is Metropolitan Water Distdct that had tentative objection to the abandonment of the right-of- way. Their objection was based upon the concept alignment of future CAP line that would run from the CAP canal eastward into Om Valley. We had discussions with Metropolitan Water District. Basically, it was a concept. They did not have funding nor a plan, agreed to back off. It was also pointed out that there would be a replacement right-of-way already with dedication of the new alignment of Moore Road. So they would have other opportunities should they decide to extend the lines. They removed their objections. The only other issues that came up was the Tohono O'Odahm Indian Nation. Regarding litigation recovery of artifacts in the area. That would be applied currently the Town right-of-way (150 foot right-of-way), so we have no objection outstanding. Mayor Harn: Would you like to have US Home speak on this issue? David After: Yes. Mr. David Snow is here to speak for US Home. David Snow: My name is David Snow with US Home, 5151 East Broadway. And I would like to thank the Staff and Hurvie Davis for his support and help through our development and our visions in Marana We came to the council on April 18, 1995, with a Specific Plan Amendment. At the time was Westinghouse ownership of all the Tortolita Mountain Properties. As US Home, an interested party from the stand point of optioning what is now, currently Heritage Highlands, we asked for and amendment to the Specific Plan which re-aligned Tortolita Road and Moore Road. Tortotila has been named a couple different times and is now Dove Mountain Blvd. This is really a clean-up issue on right-of-way. We processed with all the dedication necessary from that Specific Plan Amendment. And we are back before you tonight for the clean-up issues as far as the abandonment's If there are any question I can answer them for you at this time. Ed Honea: I don't have any problem with abandoning the right-of-way on the Cottonwood Properties side of the section line. Because we are giving 5.7 acres of public property, that belongs to the Town of Marana. Cottonwood Properties, in return, we're getting 6 acres in a re-aligned roadway. However, I do object to giving 5.7 acres to the property on south. That is public property, it 5 ". ''" MINUTES .OF R.EGULAR COUNCIL MEETING' .: · · · .' · · · . MARANA TOWN COUNCIL · has a value, if we are going to do something with the people on the south, we should keep it, we don't pay any taxes on it. I think we should abandon the right-of-way to the north with cottonwood and US Home because they've made a compatible exchange. But I do not think that we should give the property to the property owners on the south. I think we should keep the property. When that property starts to develop we may need that access or we may choose to trade that access for something else. I object to giving public property away. I would rather see us split that and just give the abandonment on the 75 feet to north and not take any action to the south. Because, it is public property. Vice Mayor Sutton: I have the same concerns. I'd like maybe for staff to comment on maybe why it was added to this and it would not be another issue? David After: There was a couple of reasons. One was a discussion with US Home and concerns they had over development of their property. Which would become their south property line. Perhaps Mr. Snow can elaborate on the other having a 75 foot right-of-way so it would be impossible to build a road for access any way, You need more that 75 feet. Those are the reasons. It would be difficult for us to use and I think Mr. Snow had some difficulties also. (Building set back off public right-of-way, verses building set back off the property line.) Mr, Snow: My concern is the area that would be abandon and given back in this case would be Cottonwood Properties. We, US Homes has that property under option and eventually will exercise the option and will be our property. The concern that I would have is that when for instance a piece of the property it is currently zoned for residential use. We would have to represent to the department of real-estate and represent to the Marana what exactly is on our boundaries of the residential area. If there is an existing right-of-way there it's difficult for us to represent what is going to be there in the future. Ed Honea: Mr. Hochuli. Could the resolution be modified if it was done for half? Dan Hochuli: If I understand what the council wishes to do. You could make a motion to adopt Resolution 98-47 with the following changes and than state your changes. Staff would re-draft the Resolution in compliance with the successful motion and submit it for signature. Ed Honea: I move to Mayor and Council to adopt Resolution 98-47, vacating the original Moore Road right-of-way between Dove Mountain Blvd. and Camino de Oesta. Leaving off the pursuant to staffs recommendation and stating that we abandon the 75 to the north section line only. A motion was made by Ed Honea, seconded by Mike Reuwsaat. Dan Hochuli: If I understand, the motions is to adopt Resolution 98-47 with the deletion of sub-section 2A. Is that correct? '. MINUTES OF REGULAR couNcIE MEETING · ' ' ' MARANA. TOWN COUNCIL . · May 19, 1998' Ed Honea: Yes. Dave After: Also, part one on the previous page should be re-written to read 75 feet north. Vice Mayor Sutton: I agree with Council Member Honea not giving anything for nothing. It's not that I oppose it but I do have some concerns now if it's going to create some problems in the future that we are not considering right now. Mike Reuwsaat: Dan, what are the future disposition option on that acreage? If we don't act on this tonight then we will act on it in the future. What are the options? Dan Hochuli: We would presumable want to go ahead and abandon that roadway through some legal procedure anyway so we don't have half of the old Moore Road alignment. Under the statue the Town is not authorized to give that property away unless it's determined to be of no value. The Council can offer that for bid. There's a notification processing and then we'd would open that up for bidding. Mike Reuwsaat: The point is this right-of-way then becomes a right-of-way that goes out for public auction and does not necessarily goes back to US Homes that they can automatically determine the use in their planning of the property if they option as such. Is that correct? Mike Reuwsaat: The only way that this can be assured to go back to US Homes is for this Council to come back through action and determine there is no value return. Otherwise, our other option is we have to agree to abandon it and it goes to a public auction which does not assure that US will get the right-of- way. Is that Correct? Ed Honea: Cottonwood Properties, US Homes on the north I don't have a problem with, because what we are doing is trading 6 acres for 6 acres. They gave the Town a new right-of-way, we gave 6 acres along this line. It's the property on the south. I don't know if we can legally give away Town property. We made a trade with Us Home and Cottonwood Properties acreage for acreage. The property on the south we didn't get anything for and that's public property. Mike Reuwsaat: Again, the only way that we can give it away is that it can be of no value to the council? Dan Hochuli: To clarify there are three things the Council can do; 1. Trade the right-of-way for other road way; 2. Declare the south portion has no value; 3. The portion that you don't trade tonight would be auctioned off. Mayor Harn: Mr. Hochuli, do you think should we (A) abandon the right-of-way and (B) return that portion of the right-of-way that was donated US Homes back to US Homes. And work with the other property owner to see what kind of trade 7 MINUTES OF 'REGULAR COUNCIL MEETING .. · . · MARANA TOWN COUNC}L' .." .' we can get for the other half. I think that's the point Councilman Reuwsaat has is that the entire right-of-way is to be abandoned first. Dan Hochuli: I think what will give staff direction and allow us to proceed is a motion the Resolution 98-47 be approve as to the north portion of the property and as for south portion of the property staff be directed to proceed with abandonment procedure pursuant to law. And then staff can go ahead and prepare that matter for auction. Mayor Harm We have not voted on this motion yet. Let us see if we have a affirmative or if Council has further questions. Dan Hochuli: Since the motion on the floor relates to the north portion. If the motion passes we will rework Ordinance 98.47 to comply with motion. I think staff has pretty clear direction with the Council that the south portion. We should proceed with abandonment procedures and will bring those back before the Council. If that's the desire of the Council. Vice Mayor Sutton: I need to get something clarified. The portion on the south side is something that US Home gave. It is something that they abandoned originally. So we would give this back because we are changing the alignment. Mike Hein: My understanding is that it should have been done when the new alignment was dedicated. But it was not for a variety of reasons. Mostly, time. I would have some concerns with what the impact would be. I motion to abandon the northern portion and then proceed with another abandonment process for auction or other venue or trade on the south portion. I don't want to see those property owners pitted against US Homes or Cottonwood. It appears to me this would not necessarily satisfy US Homes concern. Because would not be able to represent the potential buyers. Rather or not there would it be traffic of what would be occurring in the right-of-way. So I'm not sure if I were he that I would be satisfied with the action. Because they've come to us to remedy what should not really occurred sometime before. Certainly, I would say there are other options besides auction and abandonment. Mr. DeSpain, the wise person that he is says maybe we could trade it something. Which is possible. Again, by just abandoning to the north section we don't resolve the issue. But we stand ready to implement wherever decision you make. Mayor Ham: We've legally received just payment for that right- of-way for the roads that was put in by US Homes and Cottonwood Property. And I personally don't feel that we are giving public property away. We exchanged that property for an already constructed road. Ed Honea: Why should we give 12 acres for a 6 acres road? That land has some value. If we give the north half of the right-of-way it would be 6 acres for 6, If we give it to US Homes we're giving them 12 acres for 6. If we give to Tangerine Property we're just giving them 6 acres of Town property. Maybe we can trade that property for a well sight. Mr. DeSpain had a good idea. We cou(d go to the owner of Tangerine property and DeConcini Trust, And this is 8 · · ·MINUTES· OF ·REGULAR COuNcIL·MEETiNG MARANA TOWN cOUNCIL. public property and we shouldn't give12 acres of public property away for 6 acres of new road, Mike Hein: If you could maybe move on and give Dan and I a chance to research some of the statue and check the map. They dedicated over 150 feet of right-of-way for the new alignment. Ed Honea: I'm talking acreage. They dedicated 6 acres for 6 acres. It doesn't go through the property. It goes up and curves. It's not the same length of road way. Sandy Groseciose: I have to change the 150 feet to 75 feet on section 1. Is that correct? Ed Honea: That's correct. The motion was made to delete subsection 2C under section I to change right- of-way from 150 feet to 75 feet. The motion was made by Ed Honea and second by Herb Kal. Motion failed 5/2. Herb Kal, yes and Ed Honea, yes. Vice Mayor Sutton: I would like to make another motion to move that Mayor and Council adopt Resolution 98-47, vacating the original Moore Road right-of- way between Dove Mountain Boulevard and Camino de Oeste. Ed Honea: I know this motion is going to pass, but I would like staff to do some research to see if this is legal what we're doing with public property that's not on the US Home sight. The motion was made by Vice Mayor Sutton, and seconded by Roxanne Ziegler. Motion carried 5/2. Herb Kai, no and Ed Honea, no. D. Reappointment of Ma.qistrate - Discussion/Action/Direction Mike Reuwsaat: I'd like to make a motion to reappointment Russel Dillow for an additional three year term, And that staff proceed to develop a policy for a review process for Council for consideration of appointed positions. So that we have time for both candidate and Council to make a decision in the future. Judge Dillow: As you know I've been the magistrate for three years and three months. And I'm here tonight to request your vote for reappointment, In the past we've had many modifications made in the court. The Court Room was modified improving it's image; the public through the media has been informed; (Judge Dillow proceeded to give more example of his accomplishment throughout the years). In conclusion, their will be many challenges in the future and I would like to be a part of those and I'm here to ask for your support. The Council vote was unanimous. Yes Recess ant 8:07p.m. ... MINIOT'ES OF REGULAR COUNC.IL. MEETENG .' ' . 'MARANA TOWN COUNCIL Meeting back in session at 8:26p.m. E. Continued Resolution No. 98-48 - Tangerine/Tortolita Area Plan Consideration of Contract Between CSC/Counts and the Town of Marana to prepare an Area Plan for the Northeastern portion of Marana's Planning. The motion was made by Mike Reuwsaat, and seconded by Vice Mayor Sutton, to move for continuous on this item until after Council Retreat. Motion carried 7/0. F. Resolution No. 98-49 - Intergovernmental Agreement (IGA) between the Town of Marana and the University of Arizona (UA) for Membership in the Water Conservation Alliance of Southern Arizona (Water CASA). The motion was made by Mike Reuwsaat, seconded and by Roxanne Ziegler, to the approval of Resolution No 98-49. Motion carried 7/0. G. Pima Association of Governments Regional Council Meeting Agenda - Review for Discussion and Direction. Hurvie Davis: The only item that will not be on the Regional Council Agenda is Item #12 which is the Cactus Ferruginous Pygmy-Owl Memorandum of Understanding. We at the management committee referred that back to Environmental Advisory Committee for more study. Item #2 is the Metropolitan Transportation Plan Update. That is coming before the Regional Council at the next meeting for adoption. Mr. After is our resident expert on the Traffic Signal Coordination Grant. I think Mr. After can help me out on this issue. I think items (#2), (#3),(#4),(#11),(#13) and (#14) are the items we should a have little discussion on. Because they are rather significant issues coming forward. So if Mr. After can help me out on Item (#3) Traffic Signal Coordination Grant. Dave After: The Grant is referring to a traffic signal integration program that we're looking at doing within this region. It's on the Public Works budget proposal for next year. The concept is to have an integrated traffic signal in the systems between the valleys. The City of Tucson, Pima County and Oro Valley. Will all be integrated. The concept is to help traffic move more smoothly, along the major routes and reduce congestion and air pollution. Mayor Harn: What is your suggestion? David After: We support it and I'll be coming back with an IGA in the future. Hurvie Davis: item #4 - Report On The Status Of The Transportation Improvement Program. Tangerine Road. Staff has asked PAG to postpone the Phase 2 and Phase 3 of Tangerine Road until the fiscal year 2000. As you might recall, PAG authorized monies for ADOT to do Tangerine Corridor Transportation Update. And the reason staff is for the postponement of these two improvement, we want to wait unti~ the study is complete. 10 '" . ' 'MINUTES OF REGULAR COUNCIL MEETING · ·· · · ' MARANA TOWN COUNCIL ' · .' :'.. ..' May 19, i998 The other thing in the program that may be interest to the Town. There's a number of projects in TIP for the Avra Valley Airport Improvements. The total is just over 6 million dollars in the next five year. $323,000 of that being local money. If the Town proceeds with getting involved with the airport, it becomes our responsibility, as the program stands here today we will probably be responsible for the $323,000 of local funds. The other issue I wanted to mention on the TIP is the Linda Vista 1-10 Interchange. I have not received anything from ADOT. I would encourage the Town to keep pushing for the improvement program. Mayor Harn: It is my feelings on this item that we need to being this to their attention. Because it is not on the TIP. With Council permission I will bring this to their attention. We think that's a very important future project and we are very disappointed that it isn't on there. Hurvie Davis: Item #11 - Regional Vision. Which relates to the urban growth issues. I believe the planning director have been meeting on this issue with PAG. There no real action required at the PAG meeting. It's mostly an information meeting. But we should be abreast of that and be able to provide input during that discussion. Mayor Ham: I hope the Council will agree with me. I would like Mr. Flannery to prepare for me a position*** that I can present it to the Regional Council for our community. So I can have an understanding of where we are at and what position we want to put forward. Hurvie Davis: I would also encourage him to attend the Regional Council Meeting so he will have the information first hand. The other item is Item #13 - La Mirage 208 Plan Amendment. Let me very quickly read this. (In December 1994 PAG Regional Council approve a 208 Plan Amendment for La Mirage. The Amendment contains several milestones including an overhaul five year deadline of December 1999 for initiation of construction. Since then, the developer has requested that PAG Regional Council approve the modification removing the requirement of the affluent agreement to be in place by December 1996. We'd acted on that before. That was the affluent agreement between the Town, Pima County and City of Tucson.) Another milestone, we asking for protection permit application be made for the Arizona Department of Environmental Equality which was developed in December 1997. The Developer suggested that this be replaced by a commitment to provide a status report every Mamh, on the progress. The Management committee moved a motion similar to what I'm going to read now. (In order to maintain the integrity of the 208 Amendment Process it is vital that 208 Amendments continue to include a requirement for milestone. The existing requirement is that the developer initiates construction by December 1999 which should be made more specific and clarified by the following: 1. A letter of completeness ADEQ by March 1, 1999; 2. An approval to construct must be receive by ADEQ by October 1, 1999; 3. The developer must issue a notarized 11 · MINUTES OF REGULAR COUNCIL MEETING MA'RANA TOWN COUNCIL " May 19, 1998 notice to proceed to a contract in construction of the Wastewater Treatment Facility by December 1, 1999; 4. Approval of construction must be received from ADEQ for construction of the Wasterwater Treatment Facility by May 1, 2000; 5. Failure to meet any of these milestones will resort in a forfeiture of the 208 Amendment that the developer has and the developer will be sued as recommended in the Marana 208 Area Wide Water Quality Plan Update being conducted. Join by Pima County and the Town of Marana.) Herb Kai: In regard to the 208 Plan. We should notify Mr. McNulty with Doerkin Property and let him be aware of these mile stone that they are going to have to meet. Will they be in violation.? Mike Hein: Mr. Doerkin and his representative are pushing hard on the 208. The proposal that was approved by the management committee was worked on between our staff and staff from Pima County Waste Water. Mr. McNulty was not at the Management Committee Meeting. They are certainly aware of the activity. What this does is help clarify what the expectation are from the party. They've missed two bench marks. They had a deadline for December 1999, that called for the initiation of construction which was very unclear and arguable. These are very dear and precise, tangible bench marks that can monitor the progress if in fact they are working in good faith towards the completion of the project. Herb Kal: That correspondence should be sent to them to make them aware of that these milestone are met and that they could be in violation and they'll be losing their clients. Hurvie Davis: We will follow-up with PAG since it was an item on their agenda for the Management Committee. I'm assuming that the PAG agency notified Mr. Doerkin who is the representative. If they have not done so, than we will do so, Hurvie Davis: Item #14 - Potential Changes in Wastewater Designated Management Agency (DMA) Status. That is the Town of Sahuarita. Went before the voters today. For authority in the Wastewater Management business. If the voter approves Sahuarita's request, Sahuarita intends to ask PAG to process a 208 Plan Amendment. They are moving to get into the Wastewater business, to be their own operator. Dan Hochuli: Sahuarita will be in the Wastewater Treatment business if they desire. The vote pasted 272 to 106. Roxanne Ziegler: About the Linda Vista & Twin Peaks Interchange. It has been my experience if you keep asking for the same things the same way you are going to be told no. And since I've been on this Council we've been asking for the interchange and we've been told no, no and no. Maybe, we need to repackage this deal. 12 MARANA TOWN COUNCIL'.. ' ' " May 19, 1998 ' Vice Mayor Sutton: We've had as good a plan we can put together with private funding. But I will work on that. Mayor Harm We have made progress. When we started we did not have the support of Supervisor Sharon Bronson. We now have very strong support from Supervisor Bronson and the ADOT Representative for our area. H. State Le.qislative Matters - Discussion IActionlDirection Dan Hochuli: Last year this Council directed staff to ask the Resolution Committee of the League of Cities and Towns to propose Legislation which would revise the requirement that the Clerk, Engineer and Magistrate be appointed in the first meeting following the election. The Legislation was successful a few weeks ago, and has been signed with the law. I will be presenting it to you sometime in the future, the Town Code Amendment. It is now up to Towns to decide when those three(3) officers are appointed. The concern raised by the Council was when we requested the change, that a brand new Council was required by state law to make three (3) appointments in the first meeting after they were seated. And that made it difficult for Council members to do. The statue has been amended to say those appointment will take place as provided by Town Ordinance. I. Mayor and Council's Report Sherry Millner: I had the pleasure of attending the graduation of the Marana Plus High School students. I've been very honored for the past three years to attend and I think it's the greatest thing they have in the Valley. Roxanne Ziegler: I had an opportunity to meet with Paul Johnson, he's running for governor for the State of Arizona against Jane Hall and she mentioned she would like to come and meet with the Council if we so desired. Ed Honea: Monthly Chamber Luncheon will be Wednesday May 20~" at 12 noon at Trico and the speaker will be Sharon Bronson. Mayor Harn: I was honored by the Chamber of Commerce to present the State of the Town Address at their morning breakfast. J. ManaReCs Report Hurvie Davis: Some of us took a tour of the Gallery project and Golf Course in the Dove Mountain area. We were all extremely impressed. I hope to come back and see it when it's completed. I think it's a real asset to this community. What they are doing to preserve the natural integrity of the area is really outstanding. With that I have nothing further to say. Again, thank you for the opportunity, 13 MINUTES OF REGUiLA.R COUNCIL MEETING MARANA TOWN COUNCIL May 19, 1998 Mike Hein: (t's been a busy couple of weeks. But I've continued to follow Hurvie around and learn as much as I can prior to his departure, and I appreciate everything he's done. I will certainly miss him and I wish him well. Hurvie Davis: The reason I decided to continue with my commitment and retire and to go fishing is because, believed in the selection and interviews process that we went through, and that the Town is being left in excel(ent hands with Mr. Hein and the special staff that we have. Mayor Harm I've instructed Sandy to send a bouquet to Vick Charnis funeral so that they will know that we have recognized him. X. FUTURE AGENDAITEMS Vice Mayor Sutton: The Tax Code Memo that Mr. Hein is going to put out and the appointment of the Blue Ribbon Commission. Also, Salary of the Magistrate and Planning and Zoning appointments. Mike Reuwsaat: The County has made a significant recommendation in term of a park. I would like to see a messaging of the memorandum in a strong position statement that this Council talks about it's own destiny. Supporting the concept in some areas but not in it entirety. Xl. ADJOURNMENT A motion was made by Ed Honea, seconded by Vice Mayor Sutton, to adjourn. The motion passed 7/0. Meeting adjourned at 9:00. CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Marana T~wn Council held on May 19, 1998. I further certify that a quorum 14