HomeMy WebLinkAbout1992.0604.TCRM.Minutes TOWN OF FOUNTAIN HILLS 100)
MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
JUNE 4, 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, June 4, 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 Scott
Van Lanken from the First Assembly of God 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, Wally Hudson, and Bill O'Brien. Also present were Town
Manager Paul Nordin, Town Attorney Bill Farrell, and Town Clerk Cassie Hansen.
AGENDA ITEM #2 - SWEARING IN OF COUNCILMEMBERS FRANK CLARK, WALLY HUDSON AND PEG
TIBBETTS TO THE FOUR YEAR TERMS THEY WERE ELECTED TO AT THE PRIMARY ELECTION HELD
ON MARCH 24, 1992.
Mayor Cutillo asked Judge Shoob to swear in the Councilmembers. The Judge
commended the Council and thanked them. Judge Shoob swore in Councilmembers
Frank Clark, Wally Hudson and Peg Tibbetts.
AGENDA ITEM #3 - SELECTION OF MAYOR TO SERVE THE TWO YEAR TERM FROM JUNE 1992 TO
JUNE 1994. THE COUNCIL SHALL SELECT THE MAYOR FROM AMONG THEIR NUMBER TO SERVE
AT THE PLEASURE OF THE COUNCIL.
Councilman Fox made a MOTION to nominate John Cutillo for Mayor for the next two-
year term. SECONDED by Councilman Minarsich. Councilman Hudson made a MOTION
to nominate Frank Clark. Councilman Clark made a MOTION to nominate Wally
Hudson. Councilman Hudson made a MOTION to close the nominations. Mayor Cutillo
called for a vote of those in favor on John Cutillo's nomination. A roll call
vote was taken and the results were as follows:
Mayor Cutillo aye
Vice Mayor Tibbetts aye
Councilman O'Brien nay
Councilman Hudson nay
Councilman Clark nay
Councilman Minarsich aye
Councilman Fox aye
The roll_ call vote results were four aye to three aye votes. Mayor Cutillo
announced that he would remain as the Mayor for the next two years.
AGENDA ITEM #4 - SELECTION OF VICE MAYOR. THE VICE MAYOR IS AN EIGHT MONTH
ROTATING POSITION TO BE HELD BY EVERY COUNCILMEMBER. AVAILABLE FOR THE POSITION
AT THIS TIME ARE COUNCILMEMBERS MIKE MINARSICH, CHARLIE FOX AND BILL O'BRIEN.
Councilman Minarsich made a MOTION to nominate Councilman Fox to be the next Vice
Mayor, followed by Councilman O'Brien then himself, to complete the rotation.
SECONDED by Councilman Clark and CARRIED unanimously.
Minutes of the Regular Session of the Town Council 06/04/92
Page 1 of 5
Mayor Cutillo stated that there was a consent agenda and that all items listed
with an asterisk were considered to be routine, non-controversial 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. Typical items on a
consent agenda are special event requests and easement abandonments. All
materials and prior approvals had been provided to and reviewed by the Council
prior to the consent agenda vote.
The consent agenda items were read by Mayor Cutillo and the Council acted on
them. Councilman Hudson made a MOTION to approve as read. SECONDED by
Councilman Minarsich and CARRIED unanimously. A roll call vote was taken and the
results were as follows:
Mayor Cutillo aye
Councilwoman Tibbetts aye
Councilman O'Brien aye
Councilman Hudson aye
Councilman Clark aye
Councilman Minarsich aye
Vice Mayor Fox aye
The roll call vote results were seven aye to zero nay votes.
AGENDA ITEM #5 - ACCEPTANCE OF THE MEETING MINUTES OF MAY 21st.
This item was a part of the consent agenda. Councilman Hudson made a MOTION to
approve. SECONDED by Councilman Minarsich and CARRIED unanimously.
AGENDA ITEM #6 - CONSIDERATION OF THE CHAMBER OF COMMERCE REQUEST FOR A SPECIAL
EVENT LIQUOR LICENSE TO BE USED AT THE SUMMER SIZZLER, A COMBINATION AWARDS AND
NEW BOARD MEMBER INDUCTION DINNER. THE EVENT IS SCHEDULED FOR JULY 11 FROM 6:00
P.M. UNTIL MIDNIGHT AND WILL BE HELD AT THE CHURCH OF THE ASCENSION.
This item was a part of the consent agenda. Councilman Hudson made a MOTION to
approve. SECONDED by Councilman Minarsich and CARRIED unanimously.
AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1992-14, ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND
DRAINAGE EASEMENTS AFFECTING ALONG THE SOUTH LOT LINE OF LOT 10, BLOCK 12, OF
PLAT 204 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 10,
RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE WEST TWENTY FEET OF SAID
EASEMENT.
This item was a part of the consent agenda. Councilman Hudson made a MOTION to
approve. SECONDED by Councilman Minarsich and CARRIED unanimously.
AGENDA ITEM #8 - REPORT ON THE MAY 27TH MARICOPA ASSOCIATION OF GOVERNMENTS AND
THE LANDFILL SITING COMMITTEE MEETINGS.
Mayor Cutillo stated that most of the discussion was on the freeway situation.
He said a Maricopa County public opinion pole had been conducted and would be
released June 15. Mayor Cutillo stated the number one public concern was public
transportation, then local streets. Mayor Cutillo said that he had a copy of the
toll road proposal available to look at.
Minutes of the Regular Session of the Town Council 06/04/92
Page 2 of 5
AGENDA ITEM #9 - MONTHLY REPORT BY MAGISTRATE STUART SHOOS.
Magistrate Shoob stated the collections and case load had increased a lot.
AGENDA ITEM #10 - TOWN MANAGER'S REPORT.
#10.A.2. PROJECT UPDATE; Introduction of Joni Roessler, intern to the Parks and
Recreation Department. Mr. Nordin took item two before one so that Ms. Roessler
could leave. Mr. Nordin introduced Joni Roessler who was to intern with the
Parks and Recreation Department for two months.
#10.A.1. PROJECT UPDATE (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR
APPROPRIATE ACTION) ; Discussion and consideration of a citizen petition
concerning noise. Mr. Nordin introduced Ms. Henry who stated she had a petition
signed by forty-three citizens concerning early morning noise from construction
sites. Ms. Henry read the petition to the Council, which requested Ordinance
changes to include a ban on loud early morning noise and construction crews
prohibited on site before 6:00 a.m. She also expressed concerns over the foul
language that was used. Mr. Roberts read a statement written by Mr. Henry. Mr.
Von Ruttenbach stated he had a similar situation with construction sites around
his residence. Mayor Cutillo asked staff for recommendations, Mr. Farrell stated
there could be Ordinances prepared, standards could be set and fines could be
suggested. He said enforcement was a problem, and it was a slow process.
Councilman Minarsich asked if the Contractor's Association had been contacted.
Mr. Jeppson said they had been and were trying to cooperate. Councilman Clark
stated he felt there should be a morning starting time also. Mr. Farrell said
a limit on starting time would be the most easily enforced. Councilwoman
Tibbetts said that prospective homeowners should write into their construction
contract whatever stipulations they wanted. Councilman Minarsich stated he would
like the Town's reputation to be that of a strict enforcement area. Vice Mayor
Fox stated that the Sheriff's office might be able to help in the area of *110
enforcement for a short time because the Marshal's Department was part time.
Captain Speck with the Sheriff's office suggested that the notice of the noise
ordinance be posted along with the building permit. He said that enforcement of
State Statute was difficult and usually they would just issue a warning. Captain
Speck stated that if they were called back to the site the next day and the same
persons were violating again, a complaint could be filed. He added that another
problem was presented because the complainants who would have to go to court
would be the neighbors that have to live next door. Mayor Cutillo stated that
he did not agree with the banning of generators, as there were certain areas of
construction that needed them. Mr. Nordin asked the Council for direction.
Councilman Hudson stated that he agreed that something needed to be done to help
the citizenry with the situation. Mr. Lichay asked why the Council could not
pass an Ordinance and the Council stated they had directed staff to create an
Ordinance.
#10.A.3. Consideration of the contract with Thomas-Hartiq for materials testing
and supplemental inspection. Mr. Nordin referred to Mr. Harrel's memo and stated
staff requested Council's approval of a contract not to exceed $59,000. He said
Mr. Farrell approved the paperwork. Councilman Minarsich made a MOTION to accept
Engineering Contract number 91-006 in an amount not to exceed $59, 000. SECONDED
by Councilwoman Tibbetts and CARRIED unanimously.
#10.A.4. Consideration of a traffic light at the corner of Fountain Hills and
Palisades Boulevards. Mr. Nordin asked Mr. Harrel to give a brief description
of the situation. Mr. Harrel said that many traffic studies were done of the
intersection. He stated that the intersection met four of the eleven warrants
Minutes of the Regular Session of the Town Council 06/04/92
Page 3 of 5
in the Manual of Uniform Traffic Control Devices. Mr. Harrel said that only one
Le of the eleven warrants needed to be met in order to qualify. He added that there
were some pros and cons to the report and he had safety concerns. Mr. Harrel
stated that staff did request approval to begin the design process for the
signal. Councilman O'Brien asked if there was a way to figure the increase in
accidents that it would cause. Mr. Harrel stated that there was no way to figure
it. Councilman Clark asked what the M.U.T.C. was and what was meant by "so many
warrants." Mr. Harrel stated that the M.U.T.C. was a manual published by the
Federal Highway Administration and it covered signs, striping, and traffic
signals. He explained that it contained eleven conditions that if even one of
them was met, there would be substantiation to install a traffic signal.
Councilman Minarsich stated that he had concerns with the new high school opening
and the new commercial center on the corner. He said that there would be a
marked increase in pedestrian traffic. Councilman Minarsich stated that the
process should be started soon, as it would probably take two to three years for
the Federal funding to go through. Councilman Clark asked if the procedures were
the same in using local funds or Federal aid funds. Mr. Harrel said they were
different and a lot more paperwork was involved with the Federal money.
Councilman Clark stated that the Town should begin with applying for the Federal
funds and use local funding if necessary. Councilman Minarsich asked how much
of the estimated $100,000 traffic light design and installation would be funded
with Federal monies. Mr. Harrel stated the design and right-of-way acquisition
costs would not be covered by the Federal money and that would amount to $10-
15,000. He added that the Federal funds would cover approximately ninety-two
percent of the project. Councilman O'Brien asked what the shortest period would
be to complete the project. Mr. Harrel stated that it would take a minimum of
nine months. Councilman Minarsich said he wanted crossing guards at that
intersection in the morning and when the high school let out in the afternoons.
He recommended the use of crossing guard until Federal money was obtained for the
project. Mayor Cutillo and Councilman O'Brien agreed with the idea. The Council
advised staff to proceed.
#10.A.5. Discussion of Council review of the revised Zoning Ordinance and
selecting a date for the Planning and Zoning Commission to formally present said
document to the Council. Mr. Nordin said that the Planning and Zoning Commission
had completed their revision of the Planning and Zoning Ordinance. He stated
they wanted to set a date to make their presentation to the Council. Mayor
Cutillo suggested it be presented at the next work study session of the Council.
#10.A.6. Consideration of retaining Cronstrom & Trbovich as auditors for the Town
of Fountain Hills for the FY 91/92 in the amount of $6,250. Mr. Nordin stated
that staff recommended the approval of the request in an amount not to exceed
$6,250. Councilman Minarsich made a MOTION as stated. SECONDED by Councilwoman
Tibbetts. Councilman O'Brien asked why the Town had to pay a firm over six
thousand dollars if it was not guaranteed. Mr. Farrell stated what was not
guaranteed was the internal operation of the Town. He said that another reason
it was done was that it was required by State Statute. The motion CARRIED
unanimously.
AGENDA ITEM #11 - CALL TO THE PUBLIC.
Mayor Cutillo made the call to the public. Ms. Petrov asked why the Fountain
Hills and Palisades Boulevard stop light had not been installed before now. Mr.
Nordin stated that the warrants had not been met before.
AGENDA ITEM #12 - ADJOURNMENT.
Councilman Minarsich made a MOTION to adjourn. SECONDED by Councilwoman Tibbetts
and CARRIED unanimously. The Town Council adjourned at approximately 8:13 p.m.
Minutes of the Regular Session of the Town Council 06/04/92
Page 4 of 5
TOWN OF $'OUNTAIN 71SBy:
'John,M. Cutil'lo, Mayor
ATTEST: CryJU- '�
Cassie . HC/� n, Town Clerk
PREPARED BY• •
• Lari L. Bra cher, 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
4th day of June 1992. I further certify that the meeting was duly called and
that a quorum was present.
DATED this I cc'1-'te•- day of June 1992. b
CA-AA -
Cassie B. Hansen, Town Clerk
Nei)
Minutes of the Regular Session of the Town Council 06/04/92 Nioj
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