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HomeMy WebLinkAbout1993.0916.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 16, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:00 p.m., Thursday, September 16, 1993, in the Fountain Hills Town Hall Council Chambers, 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 Peg Tibbetts, Mike Minarsich, and Frank Clark. Councilman Hudson was absent and Councilman Lawrence came in at 6:02 p.m.. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Town Engineer Randy Harrel. 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 AN APPLICANT FOR THE PLANNING AND ZONING COMMISSION AND WILL BE IN EXECUTIVE SESSION FOR APPROXIMATELY ONE HALF HOUR.) Councilman Clark MOVED to go into the Executive Session. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. Mayor Cutillo recessed the Regular Session at 6:03 p.m. and went into the Executive Session. AGENDA ITEM 43. - RETURN TO REGULAR SESSION. The Council returned to Regular Session at 7:00 p.m. AGENDA ITEM #4. - ACCEPTANCE OF THE MEETING MINUTES OF SEPTEMBER 2 1993 This item was part of the consent agenda. AGENDA ITEM #5. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY Minutes of the Regular Session of the Town Council 09/16/93 Page 1 of 5 STEVE TEKESKY FOR THE UNITED STATES CYCLE FOUNDATION FOR THE "TOUR DE FOUNTAIN HILLS", A BICYCLE CRITERIUM TO BE HELD ON SUNDAY, OCTOBER 3, 1993 FROM 5:00 A.M. TO 5:00 P.M. THE EVENT, DESIGNED TO PROMOTE FOUNTAIN HILLS AS A CYCLING CENTER AND THE SPORT OF CYCLING, WILL BE HELD IN AND AROUND FOUNTAIN PARK. This item was part of the consent agenda. AGENDA ITEM #6. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY RURAL METRO TO CONDUCT A PUBLIC SAFETY DISPLAY IN CONJUNCTION WITH THE TOUR DE FOUNTAIN HILLS TO BE HELD ON SUNDAY, OCTOBER 3, 1993. This item was part of the consent agenda. AGENDA ITEM #7. - CONSIDERATION OF THE AMENDMENT TO THE COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF MARICOPA AND PARTICIPATING CITIES AND TOWNS FOR A COMMUNITY DEVELOPMENT BLOCK PROGRAM. This item was part of the consent agenda. AGENDA ITEM #8. - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY SANDRA NYGAARD OF RURAL METRO FOR THE FRANK HODGES MEMORIAL GOLF TOURNAMENT TO BE HELD ON SUNDAY, SEPTEMBER 26, 1993 FROM 7:00 A.M. TO 1:00 P.M. AT THE FOUNTAIN HILLS GOLF CLUB. PROCEEDS FROM THE EVENT WILL GO TO GIRLS RANCH OF ARIZONA. This item was part of the consent agenda. AGENDA ITEM #9. - CONSIDERATION OF GRANTING A PUBLIC UTILITY EASEMENT FOR GOLDEN EAGLE PARK. This item was part of the consent agenda. Councilman Clark MOVED that agenda item #15 Consideration of the Final Plat for Replat of Lots 18 & 19 of Block 2 of Fountain Hills Arizona Replat (604-D) be added to the consent agenda. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. Mayor Cutillo asked for a motion to approve the consent agenda. Councilman Minarsich MOVED approval. SECONDED by Councilman Clark and CARRIED unanimously by a roll call vote as follows: Mayor Cutillo aye Vice Mayor O'Brien aye Councilwoman Tibbetts aye Councilman Clark aye Minutes of the Regular Session of the Town Council 09/16/93 Page 2 of 5 Councilman Minarsich aye Councilman Lawrence aye The roll call vote results were six (6) aye to zero (0) nay votes. AGENDA ITEM #10. - MONTHLY REPORT BY MAGISTRATE STUART SHOOB AS DELIVERED BY PAUL NORDIN. Mr. Nordin presented the Magistrate's monthly report. AGENDA ITEM #11. - PRESENTATION BY LESLIE DORNFIELD, THE REGIONAL DEVELOPMENT PLANNING COORDINATOR FOR THE MARICOPA ASSOCIATION OF GOVERNMENTS (MAG), ON THE REGIONAL COMPREHENSIVE PLAN. THE REGIONAL PLAN, DEVELOPED BY THE MAG REGIONAL POLICY COMMITTEE IS INTENDED TO SUGGEST GUIDANCE FOR COOPERATIVELY MANAGING MANY OF THE ISSUES THAT ARE ASSOCIATED WITH REGIONAL GROWTH AND ENCOURAGING COOPERATION BETWEEN ALL OF THE JURISDICTIONS IN THE REGION. Ms. Domfield provided background information on MAG and presented a slide presentation showing the process and the regional MAG statement. AGENDA ITEM #12. - CONSIDERATION OF APPOINTING FOUR INDIVIDUALS TO THE PLANNING AND ZONING COMMISSION TO FILL THE SEATS VACATED BY EXPIRING TERMS. Mayor Cutillo made a MOTION to place the names of Bob Thomas, Bruce Hansen, and John Klesner to fill the expiring two (2) year terms. Councilman Minarsich SECONDED. The motion CARRIED with five (5) aye votes. Councilman Clark abstained. Mayor Cutillo made a MOTION to place Karen Myers into a one (1) year term to fill the expired term. SECONDED by Councilwoman Tibbetts and CARRIED with five (5) aye votes. Councilman Clark abstained. AGENDA ITEM #13. - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) #13.A. Consideration of entering into a cooperative effort with the Sasuaro Woods Homeowners Association to pave the streets located within the development. Mr. Nordin called on Mr. Harrel to present the Saguaro Woods Homeowners Association (Association) agreement to the Council. Mr. Harrel said it was proposed that a substantial amount of curb and pavement would be prepared, with an overlay of some of the pavement. Estimated cost would be approximately $42,000.00. At the same time, the Association would like to rehabilitate an area at an estimated cost to the Association of $11,000.00. The Association would be responsible for maintaining and sweeping the streets. Frederica Sinclair, Vice President of the Saguaro Woods Homeowners Association, said if the Council accepted the abandonment, the Association Board would then vote. A great deal of discussion followed. Minutes of the Regular Session of the Town Council 09/16/93 Page 3 of 5. Ms. Sinclair said the intent was not to give the streets back to the Town. The streets had been paved originally by the developer and were dedicated to the Town a few years later at which time the streets were in good shape. The Association requested the streets be given back to the Association by the Town in good shape. Councilman Minarsich asked when a final draft and vote was expected. Mr. Nordin said as soon as the Association acted it would be brought to the next Council meeting. Rosemary Mulligan asked if Pepperwood would be included in the plan and Mr. Harrel said it would not, it would remain a public street. Councilman Clark MOVED that the Council express its intent to move forward with the program as described. SECONDED by Councilman Minarsich and CARRIED unanimously. U.B. Presentation by Paul Nordin on the feasibility study recently conducted on the possible acquisition of the water company. Mr. Nordin said Chaparral City Water (Chaparral) did not want to sell the water company. In order to purchase Chaparral it would be necessary to go through a condemnation proceeding. The lowest purchase amount would be $20.7M and the annual service of $3M would need to be paid. In 1992, Chaparral took in $2.7M. If the Town took over Chaparral, an additional $1.5M in revenue would be needed in order to retire debt and pay the operation maintenance expenses. That would be a 58% increase in revenue over that which Chaparral currently received, and would mean a rate increase of up to 58%. Staff recommended that the acquisition not be considered at this time. Mr. Nordin said the report was available to the public. B.C. Amendment to the contract with Construction 70 providing a warranty on the newly paved streets. Mr. Nordin recommended benchmark dates be set for when the warranty contract period with Fountain Hills construction contract project #91-005 would be effective. Councilman Minarsich so MOVED. SECONDED by Councilman Clark and CARRIED unanimously. 13.D. Consideration of authorizing an expenditure of $6,858 for the first installment of the mid -decade census. Mr. Nordin recommended positive action on this item. The amount would be paid over a three (3) year period and would allow participation in a MAG sponsored activity wherein the Town would receive the service at half price. The intent for the three (3) annual payments was to simplify the budget. Councilman Clark encouraged a close look at the resolution. Mayor Cutillo MOVED to approve the expenditure of $6,858 for the first installment of the mid -decade census. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #14. - CONSIDERATION OF ORDINANCE 93-17, AMENDING SECTION 11-1-6A OF THE FOUNTAIN HILLS TOWN CODE CLARIFYING THE AGES OF JUVENILES AFFECTED BY THE CURFEW ORDINANCE. Councilman Minarsich MOVED to adopt ordinance 93-17 amending Section 11-1-6A of the Fountain Hills Town Code. SECONDED by Councilwoman Tibbetts. Mayor Cutillo had suggested to the Marshal that he would like to see a tighter curfew law. The motion CARRIED unanimously. AGENDA ITEM #15. - MOVED TO THE CONSENT AGENDA. AGENDA ITEM #16. - 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). Minutes of the Regular Session of the Town Council 09/16/93 Page 4 of 5, Mayor Cutillo made the call to the public. No one came forward. AGENDA ITEM #17. - PURSUANT TO A.R.S. 38431.03.A3 AND A.R.S. 38431.03.A.4. VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSIONS OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY REGARDING INDEMNIFICATION, AND FOR DISCUSSION OR CONSULTATION 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, RESPECTIVELY Councilman Minarsich MOVED to go into Executive Session. SECONDED by Councilman Lawrence and CARRIED unanimously. Mayor Cutillo recessed the Regular Session at 8:07 p.m. and went into the Executive Session. AGENDA ITEM #18. - RETURN TO REGULAR SESSION AND ADJOURNMENT. The Council returned to Regular Session at 9:17 p.m. Vice Mayor O'Brien MOVED to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 9:17 p.m. TOWN OF FOUNTAIN HILLS ATTEST: Cassie B. Hansen, Town Clerk By: o M. Cutillo, Mayor PREPARED BY: Marcia M. Jewett CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by the Town Council of Fountain Hills on the 16th day of September, 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of October, 1993. /% A I ) Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 09/16/93 Page 5 of 5.,