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HomeMy WebLinkAbout1993.0302.TCSEM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 2, 1993 A Special and Executive Session of the Fountain Hills Town Council open to the public was convened and called to order by Mayor Cutillo at 6:00 p.m., Tuesday, March 2, 1993, in the Fountain Hills Town Hall Conference Room located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. ROLL CALL - Following the invocation by Councilman Fox roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Bill O'Brien and Councilmembers, Peg Tibbetts, Wally Hudson, Frank Clark and Charlie Fox. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Community Development Gary Jeppson, and Town Clerk Cassie Hansen. AGENDA ITEM #2 - PURSUANT TO A.R.S. 38-431.03.A.1., VOTE TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER. APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. (COUNCIL WILL BE INTERVIEWING APPLICANTS FOR THE PARKS AND RECREATION COMMISSION AT 6:00 P.M. IN EXECUTIVE SESSION. IT IS ANTICIPATED THAT THE INTERVIEWS WILL TAKE APPROXIMATELY 75 TO 90 MINUTES. THEY SHOULD BE RETURNING TO SPECIAL SESSION BETWEEN 7:15 AND 7:30 P.M.) Councilman Hudson MOVED the motion. SECONDED by Councilman Clark. Mayor Cutillo asked if all persons were notified of their ability to request the public meeting and Ms Hansen said she was unsure if the Parks and Recreation Department had made such notice when setting up the interviews. The motion CARRIED unanimously. The Council retired to the Executive Session at 6:05 p.m. AGENDA ITEM #3. - RETURN TO SPECIAL SESSION The Town Council returned to Special Session at 7:43 p.m. Minutes of the Town Council Special Session - 3/2/93 Page 1 of 2 AGENDA ITEM #4. - DISCUSSION OF CHAPTER 6 OF THE PROPOSED ZONING ORDINANCE SIGN REGULATIONS. The Council reviewed the aforementioned chapter of the proposed Zoning Ordinance. Members of the public who commented on signage included Hank Lickman, Bob Hickey, Stan West, Bruce Hansen and Bob Thomas. Following extensive discussion during the page by page review, no changes were made to this chapter. AGENDA ITEM #5 - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW.) Mayor Cutillo made a call to the public. There was no discussion. AGENDA ITEM #6 - ADJOURNMENT. Mayor Cutillo called for a motion to adjourn. Councilman Minarsich MOVED to adjourn. SECONDED by Councilman Clark and CARRIED unanimously. The Town Council adjourned at approximately 10:00 p.m. TOWN OF FOUNTAIN HILLS By: John M/Cutillo, Mayor ATTEST: L,REPARED BY:'I. I f Cassie B. Hansen, Town Clerk Marcia Jewett, Admin. Asst. CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special and Executive Session held by the Town Council of Fountain Hills on the 2nd day of March, 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this, Jk44,,- day of March, 1993. Cassie B. Hansen, Town Clerk Minutes of the Town Council Special Session - 3/2193 Page 2 of 2 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 4, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, March 4, 1993, 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 Councilwoman Tibbetts, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Bill O'Brien, and Councilmembers, Charlie Fox, Peg Tibbetts, Wally Hudson, Frank Clark and Mike Minarsich. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town Marshal Steve Gendler, Parks and Recreation Director Robin Goodman, and Administrative Assistant Marcia Jewett. Mayor Cutillo acknowledged Boy Scout Troop 590 from Mesa who were attending the meeting as part of a Citizenship Merit Badge requirement. Mayor Cutillo said that all items listed with an asterisk (*) were considered to be routine, non -controversial matters and would be enacted by one motion and one roll call vote of the Council. There would be no separate discussion of those items unless a Councilmember or member of the public so requested. If a Councilmember or member of the public wished to discuss an item on the consent agenda, they could request so prior to the motion to accept the consent agenda The item would be removed from the Consent Agenda and considered in its normal sequence on the agenda Typical items on the consent agenda include minutes, special event requests and easement abandonments. All materials and prior approvals received from the Town Marshal and Fire Chief (for special events) and all utilities and the Town Engineer (for abandonments) have been provided to and reviewed by the Council prior to the consent agenda vote. Items on the consent agenda were: AGENDA ITEM #2. - CONSIDERATION OF THE MEETING MINUTES OF FEBRUARY 2ND 4TH AND 16TH, 1993. This item was part of the consent agenda. AGENDA ITEM #3. - CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE MARICOPA COUNTY BOARD OF SUPERVISORS FOR JURISDICTIONAL ELECTION SUPPORT. This item was part of the consent agenda AGENDA ITEM #4. - CONSIDERATION OF THE SPECIAL EVENT REQUEST OF THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL FOUNTAIN HILLS TRADE SHOW ON SUNDAY, MARCH 28, 1993 FROM 12:00 NOON TO 5:00 P.M. LOCATED ON THE AVENUE OF THE FOUNTAINS, THE EVENT'S PURPOSE IS TO INCREASE RESIDENT AWARENESS OF BUSINESS WITHIN FOUNTAIN HILLS. THE SHOWCASE COINCIDES WITH THE CONCERT IN THE PARK AND THE COMMUNITY PICNIC. Minutes of the Regular Session of the Town Council 03/04/93 Page 1 of 5 . This item was part of the consent agenda. AGENDA ITEM #5. - CONSIDERATION OF THE SPECIAL EVENT REQUEST OF THE CIVIC ASSOCIATION FOR THE ANNUAL COMMUNITY PICNIC TO BE HELD SUNDAY MARCH 28 1993 FROM 12:00 NOON TO 3:00 P.M. THE PICNIC WILL TAKE PLACE ON THE WEST SIDE OF FOUNTAIN PARK AND COINCIDES WITH THE CONCERT IN THE PARK AND THE BUSINESS SHOWCASE. This item was part of the consent agenda. AGENDA ITEM #6. - CONSIDERATION OF THE SPECIAL EVENT REQUEST OF THE NOON KIWANIS FOR THEIR ANNUAL PANCAKE BREAKFAST ON SUNDAY, MARCH 28 AT 6:30 A.M. THIS EVENT WILL BE EXPANDED THIS YEAR TO INCLUDE SERVING LUNCH IN ORDER TO COINCIDE WITH THE CONCERT IN THE PARK, THE COMMUNITY PICNIC AND THE BUSINESS SHOWCASE This item was part of the consent agenda. Mayor Cutillo asked for a motion to approve the consent agenda. Councilman Minarsich MOVED approval. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor O'Brien aye Councilman Hudson aye Councilman Clark aye Councilman Minarsich aye Councilwoman Tibbetts aye Councilman Fox aye AGENDA ITEM #7. - REPORT BY COUNCILMAN WALLY HUDSON ON THE MARICOPA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL MEETING OF 2/24/93. Councilman Hudson presented a report on the Maricopa Association of Governments Regional Council Meeting he attended February 24, 1993. There were three (3) minor changes in the Maricopa Association of Governments (MAG) freeway plan. The design phase for a section of the Pima Freeway for fiscal year 1996 to 1995 and the construction phase would be advanced to 1997. This would cover a segment of freeway between I-17 and 56th Street. A portion of the Sky Harbor expressway would be realigned to improve accessibility to the airport and the north side of the Salt River and west of the Hohokam Freeway. It would be paid totally by Phoenix through funds received from the airport and its concessionaires. Phoenix asked to have an advance for landscaping on the East Papago Freeway along 52nd between Van Buren and Roosevelt from fiscal year 1995 to the present. This was voted down by all except Mayor Johnson. Arizona Department of Transportation (ADOT) and MAG were attempting to hold back on some of the landscaping plans because of the expense. ADOT was developing a plan that would apply to all projects and would implement grass, etc. to keep dust and erosion down. The landscaping request was voted down; the other two were accepted. Solid waste management for the county was also discussed. Household hazardous waste, white goods, mulching, and medical waste information was presented. One of the major problems presented was the air quality. Councilman Hudson suggested that a task force be formed at the next regular Council meeting to assist the neighboring towns Minutes of the Regular Session of the Town Council 03/04/93 Page 2 of 5 , and cities with this problem. Mayor Cutillo said EPA and DEQ needed to be considered and one solution to the air quality problem was moving vehicles. He supported Paradise Freeway because it would probably solve part of the air quality problems. AGENDA ITEM #8. - MONTHLY REPORT BY MAGISTRATE SHOOB. Magistrate Shoob asked for questions and/or comments on the monthly report. He stated that since its inception 2- 1/2 years ago, the Court had handled approximately 4,700 cases. There had been 10 appeals with 4 were still pending. Councilman Hudson said in February there were 222 traffic violations in Fountain Hills, 18 criminal violations, 5 classified as other, and 10 violations under various town codes. In one month there were 255 citations given to residents or visitors in Fountain Hills. AGENDA ITEM #9. - CONSIDERATION OF RESOLUTION 1993-10, OPPOSING HOUSE BILL 2307, DEALING WITH THE MARICOPA ASSOCIATION OF GOVERNMENTS. Councilman Hudson explained that this Bill would mean that any vote taken at MAG relative to highway problems would have to first be taken up by the Town Council. The League of Cities and Towns objected to that. Councilman Minarsich MOVED adoption of Resolution 1993-10, opposing House Bill 2307. SECONDED by Councilman Fox. Councilwoman Tibbetts asked what the status of the Bill was. Mr. Nordin said it had cleared its substantive House Committee and was waiting action by the entire House of Representatives. First it would go to the Committee of the Whole, which was a consideration by the entire House, then onto a third reading for final consent. Vice Mayor O'Brien asked where the resolution would be forwarded and Mr. Nordin said to our legislative delegation only. Mr. Nordin said he would forward a copy to all 90 members. Councilman Minarsich said it might be more appropriate to forward to the Arizona League of Cities and Towns. Councilman Fox felt all 90 would vote, not just our three, and this Bill had jurisdiction for Maricopa County only, not all counties. Councilman Minarsich said that would show the solidarity of the entire Council behind the Mayor and his position on the MAG council. Councilman Clark did not support or agree with this House Bill but understood where Representative Schweikert was coming from. He would vote with Council but wanted follow-up with suggestions on streamlining and becoming more efficient. Mayor Cutillo explained that proportionate voting was based on population. A city needed to be over a certain population before getting one vote. The only communities getting over one vote were Glendale, Chandler, Mesa, Phoenix, Scottsdale, and Tempe. Councilman Fox said this Bill did not streamline but in fact, crippled the process. If there was an issue on the agenda to be voted on, there would need to be a special session, the MAG agenda would need to review, explain and vote on how this Council wanted the Mayor to vote. This would include the call to the public and how to adjourn. MOTION passed unanimously. AGENDA ITEM #10. - CONSIDERATION OF APPROVING THE MASTER PLAN FOR GOLDEN EAGLE PARK. Mr. Nordin asked for Councils approval of Plan A and B of the Master Plan for Golden Eagle Park. Councilman Fox MOVED to approve the General Plan as stated by the Town Manager for both A and B with consideration for the future Heritage Grant for working with the School District, the stipulation that it is understood that the Master Plan, like the General Plan, is amendable. SECONDED by Councilman Minarsich. Councilwoman Tibbetts said time was of the essence. Councilman Clark said there was a need for haste to move ahead with the first phase and plans for the second phase to include the second grant so work could begin on the second phase before the first phase was completed. Mr. Nordin said the phase two improvements would be discussed at the next Parks and Recreation Committee meeting. After the Commission took action on the proposed amenities for phase two, it would be brought to the next Council meeting for consideration. Donna Bayo asked if the costs for phase two would come from the public or the Heritage Fund. Mr. Nordin said the Heritage Grant. MOTION passed unanimously. Minutes of the Regular Session of the Town Council 03/04/93 Page 3 of 5 , AGENDA ITEM #11. - CONSIDERATION OF THE CONTRACT WITH COE & VAN LOO CONSULTANTS, INC. FOR THE DESIGN AND MASTER PLAN OF GOLDEN EAGLE PARK Mr. Nordin used his spending authority to authorize Coe & Van Loo Consultants to begin work for the detail plans and design specifications necessary to set the project up for competitive bids. The contract had been reviewed by the Town Attorney who was in agreement and it had been reviewed and agreed to by Coe & Van Loo. Mr. Nordin recommended the Council approve the contract. Councilman Minarsich MOVED approval of Contract #PR93-001 with Coe & Van Loo Consultants for the design and Master Plan of Golden Eagle Park, Phase I and Phase H. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #12. - CONSIDERATION OF RESOLUTION 1993-09, REQUESTING FEDERAL DISASTER FUND ASSISTANCE. Councilman Fox said the community would receive $40,000 in federal disaster money. This was the first time the Town received money for storm damage. Mr. Harrel, in cooperation with the Sanitary District, worked together to obtain the funds which were divided as follows: Marshal's Department $175.00; Street Department $26,040; Sanitary District $16,079; Engineering Administrative Department $1,281; total costs $43,975. The Town was eligible for 90% funding which totaled $39,577. Councilman Fox MOVED to accept the report and pass Resolution 1993-09 as submitted. SECONDED by Councilman Clark. Councilwoman Tibbetts asked where the money would be used. Mr. Harrel said it would be used on Fountain Hills Boulevard and Ashbrook Wash for debris clean-up, an under drain had been installed, and pavement replaced. Sycamore had washout exposing a pipe. The Sanitary District would use the funds on Ashbrook Wash and on Sunburst. Motion CARRIED unanimously. AGENDA ITEM #13. - CONSIDERATION OF APPOINTING 3 MEMBERS TO THE PARKS AND RECREATION COMMISSION TO FILL THE EXPIRED TERMS Mayor Cutillo MOVED to nominate Mike Schamow, Fred Powrie and Beth Smith. SECONDED by Councilman Hudson. Mayor Cutillo said he nominated the three (3) not only because they had done a very good job but because of their involvement with the Park. Motion CARRIED unanimously. AGENDA ITEM #14. - CALL TO THE PUBLIC (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW. No one came forward. Minutes of the Regular Session of the Town Council 03/04/93 Page 4 of 5 , AGENDA ITEM #15. - ADJOURNMENT. Mayor Cutillo called for a motion to adjourn. Councilman Clark MOVED to adjourn. SECONDED by Councilman Minarsich and CARRIED unanimously. The Town Council adjourned at approximately 7:22 p.m. TOWN OF FOUNTAIN HILLS l By: — z", 1z"zk J M. Cutillo, Mayor ATTEST: `/� �-�-- i • dL�> Cassie B. Hansen, Town Clerk PREPARED BY: Marcia M Jewett, Admin. Assist. 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 March 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this 19 - ` h day of March 1993. Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 03/04/93 Page 5 of 5 ,