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HomeMy WebLinkAbout1992.0402.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 2, 1992 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor John Cutillo at 6:30 p.m., Thursday, April 2, 1992, in the Fountain Hills Town Hall, located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Reverend Glenn Atchinson from the Fountain Hills Presbyterian Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Frank Clark, Mike Minarsich, Charlie Fox, Bill O'Brien and Wally Hudson. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Community Development Gary Jeppson, and Town Clerk Cassie Hansen. Mayor Cutillo stated that there was a consent agenda and that all items listed with an asterisk were considered to be routine matters and would be enacted by one motion and roll call vote of the Council. There would be no separate discussion of the items unless a Councilmember or member of the public so requested, in which event the item would be removed from the Consent Agenda and considered in its normal sequence on the agenda. The consent agenda items were read by Mayor Cutillo and the Council acted on them. Councilman Clark made a MOTION to approve as read. SECONDED by Councilman Fox and CARRIED unanimously. A roll call vote was taken and the results were as follows: 410111, Mayor Cutillo aye Vice Mayor Tibbetts aye Councilman O'Brien aye Councilman Hudson aye Councilman Clark aye Councilman Minarsich aye Councilman Fox aye The roll call vote results were seven aye to zero nay votes. AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE PERIMETER BICYCLING ASSOCIATION OF AMERICA AND THE UNIVERSITY HEART CENTER FOR THE EL TOUR DE PHOENIX, A 100 MILE BICYCLE EVENT TO RAISE FUNDS FOR THE UNIVERSITY HEART CENTER. THE EVENT WILL PASS THROUGH FOUNTAIN HILLS BETWEEN 8:30 A.M. AND 12:30 P.M. ON SATURDAY, APRIL 11, 1992. This item was a part of the consent agenda. Councilman Clark made a MOTION to approve. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY MCO AND THE CIVIC ASSOCIATION FOR A FREE CONCERT IN THE PARK AND A COMMUNITY PICNIC, RESPECTIVELY, ON SUNDAY, APRIL 12, Li92 FROM 1:00 P.M. TO 4:30 P.M. This item was a part of the consent agenda. Councilman Clark made a MOTION to approve. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1992-07, DECLARING AND ADOPTING THE RESULTS OF THE PRIMARY ELECTION HELD ON MARCH 24, 1992; AND ORDERING THE RECORDING OF SUCH RESOLUTION. (lim . Minutes of the Regular Session of the Town Council 04/02/92 Page 1 of 4 This item was a part of the consent agenda. Councilman Clark made a MOTION to approve. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM #5 - MONTHLY REPORT BY MAGISTRATE SHOOS. Judge Shoob distributed his monthly report and asked for any questions. Mayor Cutillo asked how the screening process was going for the Court Officer and Judge Shoob said that they were down to the final choice. He added that there should be a selection by the following Thursday. Judge Shoob stated that the citings were done last month. AGENDA ITEM #6 - TOWN MANAGER'S REPORT. #6.A.1. PROJECT UPDATE (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) ; Street paving status report. Mr. Harrel said the project plans for the project had been sent out for printing and would be ready the next day. Mr. Harrel said the bid opening date was April 24, 1992, with a pre-bid meeting scheduled for April 15. He said the striping plans had not yet been started. Mr. Harrel stated the total project revenue would be $5.4 million, the projected expenses were the same. He said they had advertised for a lead construction inspector. Mr. Harrel said the Fire District had completed the paving project in front of the station and would be reimbursed $11,000. Mayor Cutillo asked when the paving would actually begin and Mr. Harrel stated the intention was to proceed in early May with a six month contract. #6.A.2. Report on Manager's meeting with Yuma County representatives regarding the possible incorporation of Fortuna, AZ. Mr. Nordin reported on the incorporation meeting he had attended in Yuma County adding that the Mayor and Council would be invited at a future date. #6.B.1. Discuss and possibly act upon the following: Special Use Permit for McDonald's restaurant proposed outdoor dining facility. Mr. Jeppson stated that the applicant had a desire to place the playland area in the southeastern portion of the building, as presented before. He said that staff had observed extended vehicle parking all along the adjacent building walls. Mr. Jeppson stated that the existing parking was being proposed to become a thirty foot wide, as opposed to the current twenty four feet. He said they also proposed to eliminate five feet of the ten foot landscaped setback to create five additional feet of isleway along the Shea Boulevard frontage. Mr. Jeppson said if Shea Boulevard was widened to a six lane thoroughfare, the landscaped area would still be twenty-nine feet wide. He said the application was for a Special Use Permit for outdoor dining. Mr. Jeppson stated they proposed to put in 269 square feet of outdoor dining and 572 square feet of playland, totaling 841 square feet. He stated that with the changes, they would have one more parking space than they were required by the zoning code. Mr. Jeppson said they intended to make three extended vehicle spaces, enabling them to drive through, not back up. He stated the handicapped parking would be moved to the front of the building and said that would be an improvement. Mr. Jeppson said staff recommended approval of the new proposal. Mayor Cutillo asked how the RV parking spaces would be enforced. Mr. Weismueller stated that there would be signs and that the pavement would be painted to indicate RV-type parking. He said it would be up to the owner to police it. Councilman Clark asked what the time limit was for the Special Use Permit and Mr. Jeppson said that it was the option of the Council, whether to set a time limit or let it run with the land in perpetuity. Councilman Minarsich made a MOTION to approve the request for Special Use Permit for the McDonald's located at 16938 East Shea Boulevard to locate an outdoor dining facility. SECONDED by Vice Mayor Tibbetts. Mayor Cutillo stated the proposal did not solve the present problem and was not in support of it. Mrs. Knapp stated she did not believe the proposed plan could in any way be an improvement. Mr. Richard Kartel, the plan designer, said they had gone through six generations of site plans. He stated the parking lot reconfiguration was advantageous to everyone. Minutes of the Regular Session of the Town Council 04/02/92 `411111) Page 2 of 4 Mr. McGivern asked if the construction of the playground was under time constraints and did the company require the installation of it. Mr. Kartel stated that he was separate from McDonald's and added that it was not part of the franchise agreement. Mr. Evancho stated that emergency vehicles would have a problem with the congestion. Mayor Cutillo asked Fire Chief Knapp about this who said this addition had not been addressed. Mr. Kartel stated the widths exceeded Trevino for turning around, adding that they exceeded the minimum widths required. Mr. Regeski said the street above McDonald's might be re-aligned and a parking lot put where the street was. Mr. Jeppson stated that had been considered, however, was not practical. Mr. McGivern stated that the project was a means to increase business. Chief Knapp stated that congestion was their concern, however, it was universal throughout the community. Mayor Cutillo called the question and the motion CARRIED with six aye votes to Mayor Cutillo's one nay vote. #6.B.2. Award of bid for radio equipment for the Street, Engineering, and Building Safety Departments and the Marshal's Office. Mr. Nordin stated that there was money budgeted for radios. He said they had received bids for the equipment. Mr. Harrel said they received three bids for the radios and the low bid was from Mobile 1 Radio at $25,731. He stated the bid included 18 Motorola 800 mg. portable, re-programable radios, a base station, 5 vehicle adapters and chargers, battery chargers, and some microphones. Mr. Harrel stated they would operate off of towers on Thompson Peak and were compatible with the Sanitary District radios. He stated that the radios would be a time saver for the street crew and a safety feature for the Marshal's Department. Mr. Harrel said the main unit would be at the reception area. Councilman Hudson made a MOTION to accept the low bid of Mobile 1 Radio store located at 1555 West University, Tempe, for radios in the amount of $25,731. SECONDED by Councilman Fox and CARRIED unanimously. #6.B.3. Award of bid for a tractor, grading box, and attachments for the Street Lir Department. Mr. Harrel stated they received three bids for a four wheel drive unit with an enclosed cab, sixty horse power, weighing eleven thousand pounds. He said the unit would have a front bucket, a rear grading box, a detachable backhoe, and a power take-off unit. Mr. Harrel stated the Arizona Industrial Machinery Company submitted a bid of $55, 402.98 for a John Deer 210CL. He said the other two bids were approximately $3,500 less than the Industrial Machinery bid, however they did not meet the specifications. Mr. Harrel said the street department employees field tested the units and felt the John Deer product was superior. Mr. Harrel stated staff recommended award of the bid to Arizona Industrial Machinery Company. Ms. Petrov asked were the product was manufactured and Mr. Harrel stated in the United States. Mayor Cutillo made a MOTION to accept. SECONDED by Councilman Clark and CARRIED unanimously. #6.B.4. Authorization to proceed with the recommendation made in the Water Company portion of the Five Year Plan to hire a consultant to do a feasibility study on the possible purchase of the water company. Mr. Nordin referred the Council to the water portion of the five year plan stating the proposal was the appropriate first step to determine if it was reasonable to take over the water company. He said the study would address the present value of the water company, the condemned value and rates. Mr. Nordin said the water company would cooperate with the study and that staff recommended approval. Councilman O'Brien asked if there would be a bidding process and Mr. Nordin stated it would be nationwide. Councilman Clark said that finding a consuultant was the appropriate next step and should be done without hesitation. Councilman O'Brien made a MOTION to promote to bid for consultation regarding the feasibility of purchasing the water company for an amount not to exceed $50, 000. SECONDED by Councilman Minarsich and CARRIED unanimously. #6.B.5. Authorization to proceed with the recommendations made in the Sanitary District portion of the Five Year Plan regarding the acquisition of the district. cooMinutes of the Regular Session of the Town Council 04/02/92 Page 3 of 4 Mr. Nordin stated this area involved the least dollar impact and asked the NU)Council for permission to begin discussions with the Sanitary District regarding the possible merging of the two operations. Councilman Fox made a MOTION to give staff the authorization to proceed in formal meetings with the Sanitary District to discuss the possiblity of unifying. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #7 - CALL TO THE PUBLIC. Mayor Cutillo made the call to the public. Ms. Petrov stated the intersection corners were becoming over grown and there was a line-of-site problem. She added that the stop signs were placed far back from the intersection and officers do not know that you have stopped. Mayor Cutillo stated the Town Engineer would check into the matters. Ms. Dugger asked about the annexation conversations with Scottsdale and Mayor Cutillo stated the issue was not on the agenda and would have to be discussed after the meeting. AGENDA ITEM #8 - PURSUANT TO A.R.S. 38-431.03.A.7. AND 38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION TO CONSULT WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OR LEASE OF REAL PROPERTY; AND FOR DISCUSSION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION. Councilman Minarsich made a MOTION to go into executive session after a short recess. SECONDED by Councilman O'Brien and CARRIED unanimously. The Town Council went into executive session at approximately 7:46 p.m. Nalli) AGENDA ITEM #9 - RETURN TO REGULAR SESSION AND ADJOURNMENT. The Town Council returned to regular session at 9:27 p.m. Councilman Minarsich made a MOTION to adjourn. SECONDED by Councilman Fox and CARRIED unanimously. The Town Council adjourned at approximately 9:28 p.m. TOWN FO TAIN IL 7 / By: Jo n . C t31 0, ayor ATTEST: 015. f Cassie B. Hansen Town Clerkl PREPARED BY: (�• lc ari L. Bratcher, Secretary CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills on the 2nd day of April 1992. I further certify that the meeting was duly called and that a quorum was present. DATED this / 4L day of April 1992. / • xJ 1\rl1I _ _,4,4,, Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 04/02/92411110) Page 4 of 4