HomeMy WebLinkAbout1993.1003.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
OCTOBER 7, 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, October 7, 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 Councilman Lawrence, 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, Wally Hudson, Don Lawrence and Frank
Clark. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and
Community Development Director Gary Jeppson.
AGENDA ITEM #2. - CONSIDERATION OF THE COUNCIL MEETING MINUTES OF 9/16/93.
This item was part of the consent agenda.
AGENDA ITEM #3. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
SCOTTSDALE KIWANIS FOR THE "SCOTTSDALE KIWANIS BIKE TOUR" WHICH WILL PASS
THROUGH FOUNTAIN _HILLS ON SATURDAY, OCTOBER 16, 1993 FROM 7:30 A.M. TO 3.00 P.M.
This item was part of the consent agenda.
AGENDA ITEM #4. - CONSIDERATION OF THE EXTENSION OF PREMISE APPLICATION
SUBMITTED BY PAUL QUINN OF THE ABOVE GROUND CAFE FOR NOVEMBER 12,13 AND 14,1993
THE QUINNS ARE REQUESTING TO EXTEND THEIR LIQUOR LICENSE TO THE OPEN AREA
OUTSIDE THEIR RESTAURANT DURING THE CHAMBER OF COMMERCE NOVEMBER ART
FESTIVAL.
This item was part of the consent agenda.
AGENDA ITEM #5. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE 19TH ANNUAL FOUNTAIN FESTIVAL OF
ARTS AND CRAFTS TO BE HELD NOVEMBER 12TH THRU 14TH, 1993.
This item was part of the consent agenda.
AGENDA ITEM #6. - CONSIDERATION OF RESOLUTION 1993-32, ABANDONING WHATEVER RIGHT,
_TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND
DRAINAGE EASEMENTS LOCATED ALONG THE EAST LOT LINE OF LOT 15, AND THE WEST LOT
LINE OF LOT 17, BLOCK 2, OF PLAT 423 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK
149 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA; AND DECLARING AN
Minutes of the Regular and Executive Session of the Town Council 10/07/93
Page 1 of 6
EMERGENCY.
This item was part of the consent agenda.
AGENDA ITEM #7. - CONSIDERATION OF RESOLUTION 1993-33, ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND
DRAINAGE EASEMENTS AFFECTING ALONG THE EAST AND SOUTH LOT LINES OF LOT 30,
BLOCK 1. OF PLAT 604-A FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 165 OF MAPS,
PAGE 16, RECORDS OF MARICOPA COUNTY, ARIZONA.
This item was part of the consent agenda.
AGENDA ITEM #8. - CONSIDERATION OF RESOLUTION 1993-34 EXPRESSING THE INTENTION TO
ACCEPT FROM MCO PROPERTIES INC. ALL RIGHT, TITLE AND INTEREST THEY POSSESS TO
CERTAIN REAL AND PERSONAL PROPERTY LOCATED IN FOUNTAIN HILLS, ARIZONA.
This item was part of the consent agenda.
Councilman Minarsich MOVED to accept the consent agenda as stated. SECONDED by Councilwoman Tibbetts.
A roll call vote was taken and the results were as follows:
Councilman Lawrence aye
Councilwoman Tibbetts aye
Councilman Minarsich aye
41 Councilman Clark aye
Councilman Hudson aye
Vice Mayor O'Brien aye
Mayor Cutillo aye
The roll call results were seven (7) ayes to zero (0) nay votes.
AGENDA ITEM #9. - PRESENTATION OF PLAQUES OF APPRECIATION TO OUTGOING PLANNING
AND ZONING COMMISSIONERS STAN CONNICK AND KEN BRETING FOR THEIR SERVICE ON
THE PLANNING AND ZONING COMMISSION.
Mayor Cutillo presented plaques to Ken Breting and Stan Connick for their many hours of hard work and dedicated
service as members of the Fountain Hills Planning and Zoning Commission from 1990 to 1993.
AGENDA ITEM #10. - MAYOR'S REPORT ON THE MAG EXECUTIVE COMMITTEE MEETING.
Mayor Cutillo said the meeting centered on air quality and the measures needed to meet the air quality standards.
Recommendations were made from the legislative committee and MAG requested the legislature include funding to
help the cities and towns to meet the air quality standards. The members of MAG requested removal of the authority
of freeway planning from the MAG council.
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AGENDA ITEM #11. - MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
Magistrate Shoob presented the monthly report. Councilman Hudson asked what type of cases were brought in under
the classification of town code. Magistrate Shoob said those cases had increased and they included barking dogs,
illegal parking, noise complaints, etc. Marshal Gendler said illegal peddlers and overgrown lots were also included.
AGENDA ITEM #12. - APPOINTMENT OF A NEW VICE MAYOR. THIS ROTATING POSITION
CHANGES EVERY 8 MONTHS, ALLOWING EACH COUNCILMEMBER A CHANCE TO FILL THE
SEAT.
Councilman Hudson MOVED that Mike Minarsich be appointed new Vice Mayor. SECONDED by Councilwoman
Tibbetts and CARRIED unanimously.
AGENDA ITEM #13. - PRESENTATION BY LEON WARE ON THE PROPOSED EMERGENCY PLAN
FOR FOUNTAIN HILLS.
Mr. Ware said the emergency plan had been reviewed by Mr. Nordin and distributed to the Council and other groups
for their ideas and suggestions. Following changes, it would be presented to Council for final approval. Mr. Nordin
said he had met with the school superintendent, the sanitary district superintendent and the fire chief and asked them
to review the document with their boards. Councilman Hudson suggested that a study session be held to go over
the document.
AGENDA ITEM #14. - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE
COUNCIL FOR APPROPRIATE ACTION).
#14.A. Update on the Beeline Highway. Mr. Nordin said the two major issues outstanding with the Arizona
Department of Transportation (ADOT) and the Indian Tribe were single source contracting for materials and single
source contracting for labor. The single source contracting for materials had been resolved and an agreement from
the Federal Government was approved. The single source contract for labor was for ADOT and the Indian Tribe
to agree to a drainage ditch to be dug across the Indian reservation to drain the Beeline Highway and Indian property.
An appraised value of that land to be acquired from the Indians by ADOT was being done. After the dollar amount
was agreed on, the master agreements would need to be approved by the Tribal Council.
#14.11. Consideration of awarding the contract for dental coverage to Ameritas for the fiscal year beginning
11/1/93. Mr. Nordin said Delta Dental wanted to charge approximately $2,555.00 a month. The Ameritas Company
offered the identical coverage for approximately $1,600.00 a month. Staff recommended Ameritas be awarded the
bid in the amount of $1,570.14 per month for the year to begin 11/1/93. Vice Mayor Minarsich asked if there was
a lock in for the price and Mr. Nordin said it was for one (1) year. Mayor Cutillo MOVED to accept the contract
as written for the monthly fee of $1,570.14. SECONDED by Councilwoman Tibbetts and CARRIED unanimously.
#14.C. Consideration of entering into agreement with the Saguaro Woods Homeowners Association for street
repair and abandonment of streets located within the development Mr. Nordin said the agreement for street
repair was presented to the Council for final approval and staff recommended the Council act affirmatively. Vice
Mayor Minarsich MOVED to approve the agreement with Saguaro Woods for street paving as set forth.
SECONDED by Councilwoman Tibbetts and CARRIED unanimously.
#14.D. Consideration of endorsing the off -premise sign pamphlet created by the Sign Task Force Councilman
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Hudson suggested an effective date be put on the pamphlet. Councilman Hudson MOVED acceptance of the
program of the temporary sign pamphlet. SECONDED by Councilman Clark and CARRIED unanimously.
AGENDA ITEM #15. - CONSIDERATION OF SELECTING A COUNCIL MEMBER TO SERVE ON THE
TOWN HALL STEERING COMMITTEE FOR THE 1994 TOWN HALL SPONSORED BY THE CIVIC
ASSOCIATION.
Mayor Cutillo said the Civic Association Board of Directors had established a Town Hall Steering Committee to
effectively put together the next Town Hall sometime in April. Mayor Cutillo MOVED to nominate Councilwoman
Tibbetts. SECONDED by Vice Mayor Minarsich and CARRIED unanimously.
AGENDA ITEM #16._ CONSIDERATION OF RESOLUTION 1993-31, DECLARING THAT CERTAIN
DOCUMENT KNOWN AS THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,
OCTOBER 7, 1993, CHAPTER 17 OF THE TOWN CODE, A PUBLIC RECORD PURSUANT TO A.R.S.
9-801 AND SETTING DATES FOR PUBLIC HEARINGS.
Mayor Cutillo MOVED to accept Resolution 1993-31 as written. SECONDED by Councilman Hudson and
CARRIED unanimously.
Mayor Cutillo MOVED that Resolution 1993-31 be heard October 7, 1993, the public hearing by the Planning and
Zoning would be October 28, and the public hearing by the Town Council would be November 18, 1993.
SECONDED by Councilman Lawrence and CARRIED unanimously.
AGENDA ITEM #17. - CONSIDERATION OF ORDINANCE 93-19, AMENDING THE SUBDIVISION
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY ADOPTING NEW SUBDIVISION GRADING
STANDARDS.
Councilman Clark asked for clarification of the ordinance. Mr. Jeppson said as the result of the Crystal Ridge
subdivision there was confusion as to what standards applied to a subdivision. It was recommended that the platting
elements be taken out of the zoning ordinance and be included in the subdivision ordinance. The height of a house
would be as a result of zoning once the subdivision was completed and the ordinance would regulate the grading
prior to any structures being built. Councilman Hudson MOVED passage of Ordinance 93-19 as amended.
SECONDED by Councilman Clark and CARRIED unanimously.
AGENDA ITEM #18. - 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 the call to the public. No one came forward.
AGENDA ITEM #19. - PURSUANT TO A.R.S. 38-431.03.A.3, VOTE TO GO INTO EXECUTIVE SESSION
FOR DISCUSSIONS OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR
ATTORNEYS OF THE PUBLIC BODY.
Councilman Lawrence MOVED to go into the Executive Session. SECONDED by Councilwoman Tibbetts and
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CARRIED unanimously.
Mayor Cutillo recessed the Regular Session at 7:05 p.m. and went into the Executive Session.
AGENDA ITEM #20. - RETURN TO REGULAR SESSION.
The Council returned to Regular Session at 8:23 p.m.
AGENDA ITEM #21. - CONSIDERATION OF ESTABLISHING A POLICY SETTING GUIDELINES WITH
REGARDS TO INDEMNIFICATION OF PUBLIC OFFICIALS AND OFFICERS
Councilman Hudson MOVED to adopt the resolution and asked that it be read, in its entirety, for the record.
SECONDED by Councilman Lawrence. Mr. Farrell read Resolution 1993-35,attached, and explained the policy.
The resolution stated the general liability insurance would cover suits where third parties would sue the Town of
Fountain Hills for acts or lack of action on the part of town officials or town employees, which would include all
of the people connected with the Town, parks and recreation commission members, planning and zoning commission
members, board of adjustment members, volunteers and part time employees. The policy was designed to cover
everyone, whether or not compensated by the Town and whether or not they were full time or part time and those
instances, both civil and criminal, wherein the general liability insurance policy did not provide an attorney and
indemnification. Anyone seeking reimbursement would know what the criteria of the policy was. The expenditures
would be in the discretion of the Council.
John Evancho, Jacklin Drive, agreed that Council and staff should be protected but did not agree non -compensated
people should be. Mr. Farrell explained non -compensated meant members on the commissions and boards who were
not compensated. Bill Lacey, Fairlynn Drive, said it seemed strange the issue came out prior to the discussion on
Charlie Fox and asked if it would be retroactive. He represented the people of Fountain Hills and said the whole
situation was ridiculous and a sham. Bill Tessmer, Rand Road, asked Mr. Farrell who would determine if the parties
were acting in an official capacity. Mr. Farrell said the person seeking reimbursement would need to provide facts
and a written opinion would be issued. Mr. Tessmer asked if it would be a retroactive document and Mr. Farrell
said no effective date was stated. Mr. Tessmer also objected to the use of the word "confidentiality". Bill
McGivern, Monterey Drive, said policy limits should be clarified and addressed and objected to the inclusion of the
word "criminal". Mr. Farrell said the limits would be discretionary and the criminal inclusion was included because
the general liability policy did not cover criminal acts and stated again the reimbursement would not be automatic,
the criteria would need to be met, a written opinion would need to be submitted as a public record and Council
would need to vote on it. Ruth Tessmer, Windchime Drive, said if she bought an insurance policy today it would
not cover her for something that happened prior to the date on the insurance policy. Mr. Farrell said the ordinance
would not provide insurance for the person that was injured, it would only cover the town employee who didn't have
the benefit of the insurance attorney and settlement and had to hire a private attorney or pay a fee, could ask for that
fee or fine or attorneys fees be paid and didn't provide a third party any rights against the Town. The individual
would need to meet the following criteria: must be acting on good faith, acting as a town employee, and acting in
a matter for which he was authorized or directed by law to act. Marjorie Lawlor, Kingsway, did not like the wording
"or performing duties on behalf of the Town". Mr. Tessmer said the wording should be changed from "simple
majority" to "unanimous". Dave Dawkins felt the limitations in regard to the dollar amount should be clarified.
Mayor Cutillo said the limitations would be set by the attorney(s). June Post, Rand Drive, suggested that only
employees elected or appointed officials be included and should not include volunteers. She said a limit should be
set on the amount of legal fees and fines to be paid and approved prior to obtaining an attorney. Mr. Lacey, Fairlynn
Drive, said the document was a "Pandora's Box" and said again that it was ridiculous. Susan Ross asked if this was
a normal policy as drafted by other towns and Mr. Farrell said it was similar. He had polled a number of towns and
Minutes of the Regular and Executive Session of the Town Council 10/07/93
Page 5 of 6
took wording from other towns policies.
The motion CARRIED unanimously.
AGENDA ITEM #22. - CONSIDERATION OF REIMBURSING CHARLIE FOX FOR INCURRED LEGAL
FEES.
Mayor Cutillo to MOVED TO TABLE this agenda item until November 18, 1993. SECONDED by Councilman
Hudson and CARRIED unanimously.
AGENDA ITEM #23. - CALL TO THE PUBLIC AND ADJOURNMENT.
Mayor Cutillo made a call to the public. No one came forward.
Councilman Lawrence MOVED to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously.
The Town Council adjourned at approximately 9:10 p.m.
TOWN OF FOUNTAIN HILLS
By:
hn M. Cutillo, Mayor
,, ATTEST: ` L-4�
Cassie B. Hansen, Town Clerk
PREPARED BY: ti
Mhrcia M. Jewett
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive
Session Meeting held by the Town Council of Fountain Hills on the 7th day of October, 1993. 1 further certify that
the meeting was duly called and that a quorum was present.
DATED this 4th day of November 1993.
c
Cassie B. Hansen, Town Clerk
Minutes of the Regular and Executive Session of the Town Council 10/07/93
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