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HomeMy WebLinkAbout06/03/1997 Regular Council Meeting Minutes~NUTES OF ~GULAR COUNCIL MEETING { PLACE AND DATE Marana Town Hall on June 3, 1997 CALL TO ORDER By Mayor Honca at 7:07 P.M. H. PLEDGE OF ALLEGIANCE IlL Led by Mayor Honea INVOCATION A moment of silence was observed IV. ROLL CALL Mo VI. COUNCIL Ed Honea Vacant Ora Ham Herb Kal Sherry Millner Mike Reuwsaat Bobby Sutton, Jr. Roxanne Ziegler Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Council Member STAFF Hurvie Davis Sandy Groseclose Dan Hochuli Roy Cuaron Dave Atler Jerry Flannery Jane Johnson Russell Dillow Dave Smith Brad DeSpain Floyd Foster Ann Meaders Town Manager Town Clerk Town Attorney Finance Director Public Works Director Planning & Zoning Director Human Resource Director Town Magistrate Chief of Police Water Department Supervisor Water Operator Manager Water Administrative Manager 22 Members of the Public APPROVAL OF AGENDA A motion was made by Ora Harn, seconded by Bobby Sutton, Jr. and carried unanimously to approve the agenda as presented. ACCEPTANCE OF MINUTES Minutes of Regular Council Meeting May 21, 1997 Minutes of Council Retreat May 2 and 3, 1997 NE3, 1 97 A motion was made by Bobby Sutton, Jr., seconded by Herb Kai and carried unanimously to approve minutes of Regular Council Meeting, May 21, 1997 and Council Retreat, May 2 and 3, 1997. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Chief Dave Smith: Introduced three new employees of the Police Department. Robert Derfous, 32 years old from Cochise County Sheriff's Department; William Hess, 28 years old, recent graduate of the Police Academy and Matthew Goldstein, 26 years of age, from Apache Junction Police Reserve. Also announced DARE Officer Geri Tinsley delivered a new baby boy at 10:15 A.M. named Nicholas James Tinsley. Judge Russell Diilow: Introduced a new member of the Court Clerk staff. Gayla Haney, a graduate from Pima Community College. She brings to the court her ability to extend functions to the public by being proficient in sign language and she expands our interpreter force. Ora Harn: Presented a banner to Council from staff at the Marana Health Center. Staff sends their thanks for help from Council. Jane Johnson: Announced there was another birth on the same day and hospital. Mary Short had her baby at 3:00, a little girl, Danica. VllI. STAFF REPORTS IX. GENERAL ORDER OF BUSINESS A. Oath Administered - Council Members Ora Harn, Herb Kai, Michael Renwsaat and Roxanne Ziegler will Receive Oath of Office Sandy Groseclose: Administered the Oath of Office to Council Members Ora l-Iarn, Herb Kai, Michael Reuwsaat and Roxanne Ziegler. Presented each Member with a Certificate of Elections. Presented the audience their new Council. Mayor Honea: Congratulated Ora and Herb on their re-election and Mike and Roxanne to the Council. B. Appointment of Mayor and Vice Mayor Mayor Honea: Thank staff and Council for the support over the last two years. Nominated Ora Ham for Mayor of the Town of Marana, no seconded needed, carried unanimously. Mayor Ora Harn: Thanked Councilman Honea for the time he spent as Mayor of the Town. She appreciates the service Councilman Honea has devoted to the Town and knows he truly cares for the Town of Marana. She looks forward to working with him in the upcoming two years. MINU~S OF ~GULAR COUNCIL MEETING A motion was made by Roxanne Ziegler, seconded by Michael Reuwsaat to appoint Bobby Sutton, Jr. to the office of Vice Mayor for the Town of Marana, to serve a term of two years commencing from date of appointment. Motion carried with six ayes and one nay, by Sherry Millner, B.1 Executive Session - Pursuant to A.R.S. Section 38-431.03 (A) (1) for Discussion or Consideration of Agenda Items C, D and E. A motion was made by Ed Honea, seconded by Vice Mayor Sutton and carried unanimously that Council go into Executive Session at 7:20 P.M. Council back in Session at 8:17 P.M. C. Appointment of Town Engineer A motion was made by Ed Honea, seconded by Vice Mayor Sutton to re-appoint David Atler as Town Engineer at a salary of $64,390,35, plus 24 hour car use for a two year period. Michael Reuwsaat: Commented about the stress Dave and Sandy go through, having to come in for re-appointment every two years. Suggested moving the two positions more in line with the rest of the Towns employees in terms of the processes and budget. He stated it would be incumbent upon Council to work through legislature to change this portion of the Statute that has Council do this every couple of years - to bring it more in line with what the rest of the structure with the Town is. Motion carried 6 to 1 with Sherry Miliner voting no. D. Appointment of Town Clerk A motion was made by Ed Honea, seconded by Vice Mayor Sutton to re-appoint Sandy Groseclose as Town Clerk at a salary of $40,827.14 annually for two years, flat rate and the use ora take home automobile. Motion carried 6 to I with Sherry Millner voting no. E. Legal Services Contracts - Renewing Contracts for Legal Services with Daniel J. Hochuli & Associates and Hugh Holub A motion was made by Ed Honea, seconded by Vice Mayor Sutton to renew the contract with Daniel J. Hochuli and Associate's and with Mr. Hugh Holub as requested. Motion carried unanimously. F. Consent Agenda Resolution No. 97-47 - Request by Chuy's Mesquite Broiler, Located at 4185 West Ina Road, Marana for Extension of Premises Liquor License for Sunday, July 20, 1997 ~NE31 1997 o Resolution No. 97-45 - Intergovernmental Agreement Between the Arizona Department of Public Safety and the Marana Police Department for Access to the Media Alert System Resolution No. 97-44 - Intergovernmental Agreement Between the Stated of Arizona through its Department of Public Safety and the Town of Marana through its Police Department for Mutual; Aid in Law Enforcement to Continue Participation in the Statewide Gang Task Force Resolution No. 97-46 - Intergovernmental Agreement (IGA) Between the Town of Marana and Pima County Regarding the Preparation of u 208 Area Wide Water Quality Planning Study A motion was made by Vice Mayor Sutton, seconded by Herb Kal and carried unanimously to accept the consent agenda as written. G. PUBLIC HEARING; Ordinance No. 97.12 - Consideration of a Request for a Rezone Filed by the Planning Center on Behalf of Lawyers Title Trust #7791T, Doug Kennedy, of approximately 74.5 Acres Located Between Silverbell Road, Santa Cruz, Cortaro Road and Ina Road in Section 35, Township 12 South, Range 12 East, from Zone "A" (Small Lot Zone, Maximum Lot Size of 2.5 Acres) to Zone "HI" (Heavy Industrial), said request Having Been Denied by the Planning and Zoning Commission Hurvie Davis: Staffrecommcnds this item to be continued until a later date. A motion was made by Michael Reuwsuat, seconded by Ed Honea and carried unanimously to continue Public Hearing and action on Ordinance No. 97.12 indefinitely pursuant to staffs recommendation. Twin Peaks Right-of-Way - Arizona State Land Inquiry on Disposition of Perpetual Lease for Twin Peaks Right-of-Way Near Central Arizona Project Lift Station Dave After: Gave a brief history, stating this goes back to 1985 when there was an initial request by then Town Attorney, John Moffitt and Associates, for the acquisition of right-of-way at Twin Peaks near the CAP lift station. At the time the rules at State Land were significantly easier than they am today. There were two choices: 1) land swap between the existing right-of-way and the new right-of-way with a new alignment. The new alignment was based on the Department of Interior coming in and placing the pump station where they did. That necessitated the need for realigning the road. 2) apply for a perpetual easement. Mr. Moffitt opted for option 3/2, because he thought that would take less time. In 1986 the Town sent in an application for the perpetual easement. They paid the application fee and started building the road. The deal was the Bureau would build the road through the Town or they would build it themselves. The road would get done and the Bureau of Reclamation would pay for it and they would take care of the right-of-way. Last year we were contacted by the State Land Department who came in and found there was an open file. In other words, this subject had not been closed and wanted to know what the Town was going to do about it. A few months ago the right-of- way was re-appraised by State Land. From what we understand there is no resolution that was enacted by the Council that we can find, there isn't any correspondence that said that the property was appraised and that they would require at the time back in the '80's for the Town to pay for that right-of-way. To clarify it, you're not owning the right-of-way, you're leasing the area in perpetuity, under certain conditions. So, when we stopped using the old right-of-way, that lease dissolved. Under the new rules, they don't do land swaps and they did the appraisal, that came in around $2,000 an acre for the road. At this point, they require the Town, if we're going to proceed with this, to pay for the appraisal - I haven't gotten that cost yet, I imagine it's a few hundred dollars. They ask us to pay roughly $1,000 for advertising because it's an open bid for State land. Then you pay for the appraised value - that's the money you put up front. The $50,000 that was mentioned earlier in the Study Session is to cover the $42,000 + for the appraised value plus the appraisal plus the advertising plus some contingencies. Again, it's Council's pleasure if Council wants to proceed and pay the money. There wasn't any discussion on payment anything other than the application fee of I think $50.00. Roxanne Ziegler: There's nothing in writing? No contract? No Resolution, nothing that says we owe them $50,000? Dave After: Other than the recent appraisal, there isn't anything - and again this happened this calendar year. There wasn't anything that goes back to the day of the original application which was made in 1986. Nothing that we can find. Mayor Harn: I was on the Council at that time. When they did their study of where they wanted to put this pump station, they decided they wanted to put it right in the middle of the road that was their - it's Twin Peaks Road. So, they talk to the Town officials and said, if you don't object to us putting this right in the middle of Twin Peaks Road, we will pay the engineering costs and pave a road that will go around it. That's why, when you go on Twin Peaks Road it kind of curves up and around and goes around the pump station. There never, as far as I remember, was any discussion about cost of right-of-way. My view is there are lots of road built over State land in Arizona. If the State would like to own the land under this road, so be it. Ed Honea: MTC bought a piece of road when they did the paving up to the prison facility. We chip sealed the rest of the road, which is State land, to appease some of the home owners that live down here, because of the dust problems. I haven't seen the State down there braiding it up. 1 think we should tell them we're not going to pay them and let them put a fence across the road. Herb Kal: Are they saying that the perpetual lease that they issued to the Town was never paid and therefore they want us to buy the right-of-way now? Dave Atler: What they're saying is they want us to buy the perpetual lease. As with the old Silverbell for MTC, that is a perpetual lease also. Under the new rules, I'm not sure how old these rules are, you don't buy right-of-way from them, you get a lease from them. At an appraised value, in this case about $2,000 an acre. JUNE 3~ 1997 Herb Kal: It seems to me, it would be more economical for the Town just to lease that or pay the commercial rate or whatever for that right-of-way. I think they're asking us to buy their right-of-way. Dave Atler: I asked the question several times, "you're asking us to pay for a lease that is based on appraised value of land and they said yes. The perpetual lease is for a specific purposes, for roadway, utility and if we ever wanted to - I asked this question as well - realign it again, then we'd have to go through the same process. Since they don't do the exchanges anymore, we'd have to pay the appraised value of the new alignment. Mayor Harn: If anybody owes them, it would be the Bureau that built the pump station and took the other right-of-way. If not, I would think they would have to go back to 1985 and appraise the property at the price it was then, not at the price on today's market, I don't know how Council feels about this. Does the Council want to take any action on this? A motion was made by Vice Mayor Sutton, seconded by Roxanne Ziegler and carried unanimously to deny the amendment to the 97/98 budget for the inclusion of $50,000 for the perpetual lease of right-of-way of Twin Peaks Road. I. Status of Construction of Thornydale Road Between Ina and Orange Grove Roads Hurvie Davis: Advised there has been a lot of effort recently on how Thomydale Road is going to be constructed and who is going to construct it. Mr. Atler has been working with Pima County staff and as you know, we are attempting to annex that stretch of Thornydale Road - south of the CDO Wash down to the Karmak Wash. Which is one section between Ina and Orange Grove that is currently not in the Town limits. That way, all of Thomydale between Ina and Orange Grove would be under the jurisdiction of the Town. Pima County was going to do a six lane - divided, it was a joint effort between the Town and Pima County. Then last fall it was decided by Pima County that they would not do it to six lanes, even though they're building the bridge to six lanes crossing the CDO Wash. The Business Advisory Committee was against a six lane roadway, but supported a four lane roadway. Our position has been that the biggest problem is in the intersection of Ina and Thomydale and four lanes isn't going to do anything to the intersection - you're still going to have the major problems at the intersection. Pima County is designing to do four lane, divided from Ina to Cortaro. They're already doing some preliminary work on improving the stretch between Cortaro and Linda Vista. The County wanted to take the money that are allocated to the Ina to Orange Grove project and transfer it to the other projects. They cannot do that, it went through the PAG process again, PAG agency said no, you keep that 8% on that project, couldn't transfer it to the other project anyway. We continue to maintain it be a six lane divided roadway from Orange Grove to lna. On May 13, the BAC voted unanimously that the CDO bridge be completed as a six lane roadway, that Thornydale Road from the newly constructed six lane CDO bridge north through the Ina Road intersection be constructed as a six lane roadway, allowing for spacing and dual left turn lanes at the intersection as designed by the Town. That Thornydale Road from the newly 6 M1NUTES OF REGULAR COUNCIL MEETING ~E 3i 1997 constructed six lane CDO bridge, south to Horizon Hills be engineered as needed to accomplish a gradual widening of the roadway from four to six lanes. That Thornydale Road, from Horizon Hills south to Orange Grove be left as it currently exists today. The BAC had indicated, we as a unanimous group would like apologize to you and the Town Council for the manner in which we handled the release of information on our original position in October 16, 1996. It was not our intention to blind side the Council and we recognize we should have notified you of oar position prior to any general release. We will endeavor to do better in the future. Dave After: I had first approached the County in December or January and spoke with the former Director, Tony Piez and told him the Town's position that we had a serious problem with them doing the project in the north and not taking care of the intersection. I then started working with the interim Director Brooks Kanan and we've had a number of meetings on this. [ would like to point out that what the County would like to do is to be, if we widen to four lanes south of the bridge, they want the PAG funds to pay for their design and construction on it. That design and construction wasn't in the original program and as it is, they County has already predicted that if they just postpone the project until the year 2001, it would cost about $3,500,000 more to do the full project at that time. That's how they presented it to PAG - in phases. We do need the intersection and if that's the compromise position to get something done, perhaps that's what we do. Right now the bridge is almost complete, they need to come to the Town to get permits to finish the project. 1 would like to point out that if we ultimately wanted to do the six lane project, the money doesn't exist to finish it, unless we do it today. Hurvie Davis: We had some additional material that was associated with this project but it was included with item H in your packets. A letter from Supervisor Bronson, several letters from Mr. Huckleberry and the County is even talking about a compromise position. Mayor Harn: Is that money still available to us? Hurvie Davis: That money is still available, whether it's to as or Pima County, I'm not sure. I think in the discussions that Mr. Atler has had with PAG staff, the money is available for the project, whoever the responsible agency is for administering the project. Dave After: The money is them for the project, I would imagine if the Town would approach the County and asked for the plans, County wants to be reimbursed for the design. Those plans are public information, we can request the plans and do the project ourselves. Mayor Hera: Do you ~vant Council to make a motion to proceed with the project? Hurvie Davis: This isn't a technical decision, it's simply a political decision. The way it stands now, Pima County wishes to do construction on Thornydale on the north end of the CDO, they would have to obtain permits from the Town. If it's inconsistent with the Towns policy, we feel it's our position to deny permits. If the southern section is still within Pima County and we take over the project - we would have to obtain permits MINUTES OF ~GULAR COUNC1L MEETING ~NA TO~ COUNCIL from Pima County for the southern section. I would doubt that Pima County would issue us the permits to do the work. Mayor Itarn: Would not the suggestion from the BAC of that compromise solve that problem.'? Hurvie Davis: That solves the problem on the north end, it still leaves unsaid as to how you would address the southern section being widened from four lanes to six lanes, which was the original project. Which is on the PAG Regional Plan. For the overall community, the project is needed. The project is going to have to be done to six lane divided, to be a viable transportation artery. The longer you wait, the more it's going to cost, and we have no assurance that if we wait a couple of years that the money will be there to complete the project on the south end. That is our dilemma. Ed Honea: This was designed by the County, then Mr. Moore got involved politically and started playing games. Twice this Council has voted to continue the project as designed - six lanes. We also went back to PAG, just to make sure that PAG was in concurrence with what we wanted to do. PAG for the second time, voted to do the project and to issue the money. I think we should continue with the project as it was designed - it would better serve our people. The money is there now. A motion was made by Ed Honea, seconded by Vice Mayor Sutton to proceed exactly as the project was designed and we ask PAG for the money. Michael Reuwsaat: Mr. Atler, how am we going to handle the penn/ts from the County? Dave After: The permits from the north end of the bridge, south, are part of an annexation issue. In a letter from Supervisor Bronson, implied that if they had to give their approval of our annexation efforts, then they wouldn't approve the annexation. If that is the case, then I suspect they wouldn't give us the permits to that segment, that's 60% of the overall project. Dan Hocholi: There was some discussion in the correspondence from Pima County relating to a belief that the Town could not annex the roadway without permission from the County. In the correspondence they've asked the County Attorneys office for an opinion letter in that regard. The concept being that if the Town is annexing only the County right-of-way and not any private property - do we need the permission of Pima County? A.R.S. Section 471.01 which deals with Annexations, provides for the annexation of property the way we've always done it. In the last paragraph it provides an alternate procedure, it says: 'if all you're annexing is County right-of-way, and there's no other privately owned mai estate, then the Town may annex that by entering with an agreement with the County and you don't need to go through the petition process.' In my opinion it's an alternate procedure, it's not the only procedure. I expect that when County gets the opinion back from County Attorneys Office - it will be the same, that the Town does not need the permission of thc County to annex the roadway. The motion carried unanimously. MINUTES OF ~GULAR COUNCIL MEETING MA~A TOWN COUNCIL JUNE 3i 1997 J. Discussion of Funding for Youth Programs Mayor Harn: This is an item I asked Roy Cuaron to put on the agenda and give us opportunity to talk about youth programs, what we wanted to put into the budget. Hurvie Davis: Mr. Cuaron, Mr. Atler and Mr. Atler's put this information together to show you what the Town is doing right now in funding youth programs. As always with all of our programs there's a continuing need to expand our own program. Our report is pretty comprehensive and Mr. Cuaron is familiar with all of the numbers. Roy Cuaron: We've tried to provide a summary of the dollars that are currently being budgeted and are projected to be budgeted in the next fiscal year for what we call Recreation programs which involve youth as well as Senior citizens. Currently there's $89,000 that is budgeted for salaries for staff positions to administer the different programs that the Recreation Center is putting on. Next years budget we're asking about $90,000 for staff salaries to sponsor the various programs. We have attached a listing of the various programs that the Rec. Center does sponsor and we've indicated the number of participants that the program serves, ff there are additional questions, we'll be happy to answer them. Mayor Harm I told the Council I would look at the program that was brought in by Mr. Hawkins. When I looked into that program, I began to think that what we really ought to do is decide what this Council would like to do for the upcoming year for youth programs. Do you want to center them on the Town, do you want to set a certain amount of money for youth programs and then kind of have it a little bit opened, some contingency money for that, in case a program came along in the upcoming year that you would like to fund. I wasn't sure how you wanted to do that. One of the things 1 did do, was we went over and talked to Mrs. McGurie who ran the school program that Mr. Hawkins brought before us. We had her do a work schedule of what she's going to do in the program and then 1 went a step further and had Linda Morse, who is our person who works with youth programs in the Town of Marana to go and talk to Mrs. McGurie. To give us her thoughts about the program. 1 would like to hear what Council would like to say about it. Ed Honea: Most of the funding that we have done, for projects outside of the Towns jurisdiction, and I'm not talking about the Town itself but run by the Town. A lot of those projects we've funded through CDBG. I think that if programs, such as the program that Mr. Hawkins presented to us, if they want those funded - the place to apply for funding, I would consider this a social program, apply for the funding like everybody else does. As far as general funds money - 1 think we can provide more services to more people through our projects, for less money. If we're going to increase youth spending, let's do it here. In the after school programs or the summer programs where we can affect more people for the same dollars. If outside programs want some funding, lets use CDBG for that. That's an excellent way to fund those projects. Mayor Ham: You mean they would come to us and apply for a CDBG? MINUTES Or REGULAR COUNCIL MEgTiNG jUNE 3, 1997 Ed Honea: Right and then we would do like we do every year, usually about the top ten are funded. That would be a way for the Town to fund programs outside of our control. I think if we fund one program, then we'll have others. Michael Reuwsaat: I wasn't sure what to expect with this item. l think we should go ahead and proceed as what is budgeted and open the CDBG process and make it known. Mayor Harn: Councilman Honea and I have talked a number of times about how in the past a lot of the CDBG funds have gone for Capitol Improvements within the Town because of lack of funding of the Town. Maybe the use of those CDBG funds for more youth programs. Michael Reuwsaat: 1 would even take it a step further and say that maybe we should be looking at our own programs that we're paying out of CDBG, ought to be coming out of General Fund revenues. Dave Atler: In the past, all of the programs were funded with the staffing was funded through the CDBG grants. The Town supplemented some of the funds but CDBG supported everything. The Mayor and Council decided in last years budget process to dedicate funds for maintaining the programs. The CDBG funds are not a guarantee, we won't even know what's on the next years until maybe next month. In fact, last year there was funding put in for programs and we didn't get it, had the Council not decided to commit to having permanent staffon board, we wouldn't have any programs there at all. Mayor Harn: I don't think we need to make a motion, just give staff some direction. If we can let people know that there are CDBG funds available at that time and get packets to them, 1 think that's the way to go. K. Ordinance 97.11 and Resolution 9%48 - Amending the Town of Marana Personnel Policies by Adding Article 02.06, Classification and Compensation and Article 01.02, Code of Conduct, and Deletion of Appendix V, Salary Structure A motion was made by Vice Mayor Sutton, seconded by Roxanne Ziegler and carried unanimously to adopt Ordinance 97.11 and Resolution 97-48. L. Resolution 9%41 - Authorizing the Town to Enter into an Agreement with the Arizona Municipal Workers' Compensation Pool Jane Johnson: The new Workers' Compensation Insurance Pool has been formed in large part because of the success of the risk insurance pool. The Town is a member of the risk insurance pool and have found the service and responsiveness to inquiries as well as the handling of claims to be outstanding. The Workers' Compensation Insurance Pool will be administered by the same company - Southwest Risk. The charges for Workers' compensation are set by state law, consequently there have been two options for purchasing that insurance. 1) with the State Compensation fund and 2) with private carriers. The addition of the AZ Municipal Workers' Compensation Pool gives 10 municipalities a third option and also gives the municipalities more control over the actual services that are offered along with the charges. There are two items of interest beyond the charges, which as ! said are set - that ! thought ! should bring to your attention, l) the state funds manner of charging; charges are made for fiscal year and then approximately nine or ten months later, municipality and other members of insurance group will get rebates. In our case, we paid in 1995/96 a total of $63,500 at the end of that year, state fund determined that that was an overpayment, so the overpayment this year was to us a rebate of $31,600. There's not a guarantee that there will be rebates every year. But that's how it's operated for the most part. Herb Kai: Is that considered a rebate or is it considered, if you have a good loss profile, that you simply get that back - is that how it works? Jane Johnson: It's a combination of that, but they call it a rebate. Roxanne Ziegler: ls that every year that we've gotten a rebate? For that substantial amount? I mean, that's somewhat unusual to get a rebate back, half of what you put in. How do they establish how much you're paying? Roy Cuaron: The dividend premium rebate, whatever the state fund calls it - is not a guaranteed return. In fact I think we've only received it in the last two years. It comes some nine to eighteen months later. I think one of the things that Jane was going to point out was, the Industrial Commission, who administers the workers' comp, whether it's a state or municipal risk - has questioned the state funds practice of returning the dividends such that it's not a guarantee that it's going to continue in the future. You're absolutely right that if we're overpaying them by the $230,000 we don't have the use of that money for that period of time and therefore why should we be doing that. My opinion is that, you have to experience the service that you received from state fund versus southwest risk, to know that even if our premiums are going to increase - and I'm not sure that they are - unless if it's an extravagant amount, the service that we get from the municipal risk association is much better than what we receive from state fund. It would be our recommendation that we join the municipal risk pool. A motion was made by Herb Kal, seconded by Michael Reuwsaat and carried unanimously to adopt Resolution 97-41. M. Resolution No. 97-49 - Adoption of Official Intent for Reimbursement of Certain Capitol Expenditures Hurvie Davis: This item can be continued for meeting of next week, if you do agree to attend the study session and action on the tentative budget. What this Resolution does, it's an official intent for reimbursement of certain capitol expenditures. This really should be following the adoption the budget. In case you decide to go with bonding, of part of the budget for next year. Then, we have expended $327,000 for the purchase of the Marana Water Service Inc. property. Roy Cuaron: We probably can take action without adopting a tentative budget. All it will allow us to do is in the event that we do bond, this resolution will allow us the II MARANA TOWN COUNCIL opportunity to be reimbursed for those. That's not to say that we will have to bond, but if the Council chose to bond as part of the tentative budget, this resolution simply allows us to be reimbursed for those expenditures. This is not dependent on the tentative budget. Mayor ltarn: Council can either adopt it today or have it put with the discussions for the budget meeting. A motion was made by Ed Honea to continue items M and N until Tuesday the 10 for our Special Meeting where these items can be discussed, seconded by Vice Mayor Sutton and carried unanimously. O. Mayor and Council's Report Sherry Miliner: No Report. Michael Reuswaat: Prior to the MCCTF item coming on the agenda on the 17, I'd like to have - so that I have it straight in my mind, sequence of three questions answered. I think it would be helpful to all of Council. I believe that decisions that we make or don't make; may or may not matter basically. What I'd like for staff or maybe legal to answer is l) There's a questions as to whether or not it has to be on the agenda. Whether it's a significant land use, I'd like to know is it or isn't it from the Town's standpoint. 2) In what form does that item have to be placed on the agenda so that the people that have already indicated have the ability, if they're not happy with the decision to take it through referendum process. 3) IfMTC finds that through the decisions of this Council that it is no longer a profitable situation for them to be in and they chose to opt out of the prison business, can they sell that facility to the state of Arizona and are there any controls that the Town of Marana has then to determine the issue of type of number of prison population and type of population in that facility? I'd like to know where we stand all the way down the line, given the possible options that may occur. Hurvie Davis: I would like a clarification. Would Councilman Reuswaat like this information prior to the meeting or at the meeting? If he'd like it before the meeting, we will get it to him as soon as it's done, otherwise we will provide it as part oftbe package that comes to all of the Council. Michael Reuswaat: I'd like it before and to be distributed to all the Council Members at the same time. Ed Honea: Last week I met with Mr. Neubeck and Mike Grassinger and Mr. Davis in regard to our annexation proposal in the foothills. We had some pretty good discussion. I was willing to meet with Mr. Boren, Mr. Kelly and Mr. Davis this week, if that's alright with you, try to get this project out of the stagnation stage and try to move forward. I will report back to Council what we had done. Mayor Honea: Mr. Davis and I met today with Mr. Palkowitsh. We have put to him a kind of proposal and we think we have resolved the issue of the 208 permit for his firm. We will try to get the PAG Regional Council to pass a plan that would give one year for 12 Mr. Atler to do a study on the property that Mr. Palkowitsh is proposing for the 208 plan, if at the end of that year, Mr. Atler comes back with a negative on the feasibility on the plant there, then the 208 permit is gone. If he comes back with an affirmative on the property, then there will be certain milestones that they will have to do. They will have to have the plant and operating within three years. That still will have to go to the PAG Regional Council and we'll have to get votes on it. P. Manager's Report Hurvie Davis: I really don't have anything to add to what's already been said. I would say just one thing, that we've had Mr, Michael Hein out with us this evening. On the 17 meeting, the next Regular Meeting, Mr. Hein will be on board as the new Assistant Town Manager. We will certainly welcome him to have him full time. X. FUTURE AGENDA ITEMS Ed Itonea: I would like to ask that the 208 proposal, that the Mr. Palkowitsh is talking about be put on the 17 as an agenda item for discussion. Michael Reuswaat: I'd like for the 17 also, an agenda item that deals with the steps in the popular vote of the Mayor for any future elections. Hurvie Davis: As a reminder, any time we have an item on the next Council Meeting, if it takes a lot of research, we really don't have the time to do it. Michael Reuswaat: Early as possible. Mayor Harn: We really ought to try to get that 208, because it's coming up on the PAG Regional Council on the 26 of June. XI. ADJOURNMENT A motion was made by Ed Honea, seconded by Michael Reuswaat and carried unanimously to adjourn at 9:20 P.M. CERTIFICATION ! certify that the foregoing minutes are the true and correct minutes of the Marana Town Council held on June 3, 1997. I further certify that a quorum was present. //