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HomeMy WebLinkAbout1994.0217.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE Ikkry FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 17, 1994 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, February 17, 1994, 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 and Councilmembers Don Lawrence, Peg Tibbetts, Frank Clark, Wally Hudson, and Bill O'Brien. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Current Planner,Jeff Valder, and Town Engineer, Randy Harrel. Vice Mayor Minarsich was absent. Prior to officially beginning the meeting, copies of the publication to be discussed in Agenda Item 12 were distributed. Mayor Cutillo read the consent agenda which included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inutes of the Regular Session of the Town Council 02/17/94 Page 1 of 8, Councilman Hudson MOVED approval of the consent agenda; SECONDED by Councilwoman Tibbetts. A roll call vote was taken with the results as follows: Mayor Cutillo aye Councilman O'Brien aye Councilman Hudson aye Councilman Clark aye Councilwoman Tibbetts aye Councilman Lawrence aye The motion CARRIED unanimously. AGENDA ITEM #6. - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Judge Shoob presented his report per the attached. He said the significant items were the number of filings and the receivables, which were up again. With more filings, he said, the revenues were going to be greater, but the receivables would also increase. This was because on a court date, there would be 10 to 15 people, out of approximately 40 to 50 scheduled, who did not appear, causing a default judgment to be entered against them and suspension of their licenses. Judge Shoob said when a ticket was issued for expired registration and/or no insurance, $800.00 was immediately added to receivables, and there were five or six such instances per week. He said the increased receivables due to increased filings would continue until the caseload of the court leveled off to a point where the receivables could be dealt with. He said it could not be expected to collect all receivables due to people leaving town, leaving the country, dying, or whatever--there were always going to be receivables. He said there was one other factor to consider in looking at total receivables: $21,000 of the $105,000 were on payment plans-- payments made on a weekly or monthly basis. If the $21,000 was subtracted from the$105,000, there would be a balance of$84,000, which equated to an 88% collection rate since the inception of the court, which he believed was the highest in the state. AGENDA ITEM#7. - UPDATE REPORT BY ALLIANCE COORDINATOR CATHRYN LORE ON THE CATTLEGUARD COMMUNITY ALLIANCE. Ms. Lore gave her presentation per the attached. Upon completion of her report, Ms. Lore introduced the two co-chairs of the CattleGuard Community Alliance who were in the audience: Ms. Dolly Brudevalde, Fort McDowell Indian Community and Mr. Frank Helton, Town of Fountain Hills. Councilman Clark asked Ms. Lore who her employer was. She answered that part time she was employed by the Town of Fountain Hills, Parks and Recreation Department. She said she was Minutes of the Regular Session of the Town Council 02/17/94 Page 2 of 8, a consultant in private practice and the rest of her time was sold to agencies in a couple of different states and state governments in Arkansas and Colorado. Councilman Clark asked if Loy similar alliances had been formed across the country. Ms. Lore said there were 85 alliance communities in Arizona that had been recognized by the Governor's Office of Drug Policy in our state and she was sure there were similar structures in other states. She said through the Office of Substance Abuse Prevention in Washington, D.C., there was a framework that a lot of states were developing. The Drug Free Schools and Communities pot of federal money comes out of the U.S. Department of Education with grants made to participating states, of which Arizona is one. Her position was funded by those monies. Councilman O'Brien pointed out the uniqueness of the alliance between the Town and the Tribal community. Mayor Cutillo recessed the regularly scheduled Town Council meeting at 6:58 p.m. and declared a public hearing open. AGENDA ITEM #8. - PUBLIC HEARING ON A SPECIAL USE PERMIT TO ALLOW FOR THE SALE AND DISPENSING OF ALCOHOLIC BEVERAGES AT JIMMY'S FILLING STATION LOCATED AT 11044 SAGUARO BOULEVARD. Mr. Valder said the restaurant was zoned C-1. He said a change to the new zoning ordinance which took effect in December 1993 was that in order to sell liquor in a C-1 zone, a special use permit would be required. The Planning Commission considered the proposal a week prior and voted approval 7-0. He said staff also recommended approval. Councilman Lawrence asked whether the distance separating the restaurant and the neighboring church complied with state law. Marshal Gendler said that the license in question was a Class 12, which was exempt from the 300-foot separation requirement. With no further discussion, Mayor Cutillo declared the public hearing closed and resumed the regular Town Council meeting at 7:02 p.m. AGENDA ITEM #9. - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW FOR THE SALE AND DISPENSING OF ALCOHOLIC BEVERAGES AT JIMMY'S FILLING STATION LOCATED AT 11044 SAGUARO BOULEVARD. Mayor Cutillo MOVED to approve the request for a special use permit and Councilwoman Tibbetts SECONDED the motion. The motion PASSED unanimously. AGENDA ITEM#10. - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY MR. JIMMY CARRES FOR JIMMY'S FILLING STATION. MR. CARRES HAS APPLIED FOR A CLASS 12, RESTAURANT LICENSE. Minutes of the Regular Session of the Town Council 02/17/94 Page 3 of 8, Councilman Hudson MOVED approval of a Class 12 license; SECONDED by Councilwoman Tibbetts and the motion CARRIED unanimously. .1) Mayor Cutillo said for the convenience of the people involved in presenting Agenda Item #13, he was going to skip to that item. AGENDA ITEM#13. - CONSIDERATION OF RESOLUTION 1994-04, ADOPTING THE EMERGENCY OPERATIONS PLAN. Mr. Nordin introduced Mr. Leon Ware from Maricopa County and Fire Chief Tom Knapp and had Mr. Ware introduce his boss, Mr. Warren Leek. Mr. Nordin said he had received a late report from the Fire Chief that not only had the school district and the fire district approved the Emergency Operations Plan, but just earlier that evening the Sanitary Board had also approved it. He said staff had put in a great deal of work with a great deal of help from a number of people, and definitely recommended approval. Councilman Hudson questioned the 'line of succession' portion of the plan. He said he would have a problem with someone who was not part of the town being in command of the town, i.e., the Emergency Services Director. He said that so long as Chief Knapp was in that position, since he was a resident, he had no problem with him in that position. The problem, he said, would arise if Mr. Knapp were to be replaced at any time and the town would be dependent on an unknown successor. He wondered if that practice was customary or whether that link in the command shouldn't be replaced with possibly the Marshal or a Council member. Fire Chief Knapp responded that, indeed, he could be replaced at any time, but since the Town would own the plan, they would have the option of changing the director at that time, or at any time they chose. Councilman Clark wondered what would happen if Fire Chief Knapp were called away tomorrow and a disaster occurred--what would happen before people were able to get themselves in order. Mr. Leek answered that the town would follow the line of succession, with the next in line being responsible. Mr. Ware said that in dealing with emergency planning, the unexpected must always be dealt with. It was important that the people who were in charge of the town were people who were familiar with the operations of the town. He said the plan was just a guide--it wasn't a law that had to be followed to the letter. It was just important, he said again, to be sure that whoever was in charge was familiar with how the town operated. Mayor Cutillo MOVED to accept the Resolution 1994-04 as written and SECONDED by Councilman O'Brien. The motion CARRIED unanimously. AGENDA ITEM #11. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY STEVE TEKESKY FOR THE TOUR DE FOUNTAIN HILLS. THIS Minutes of the Regular Session of the Town Council 02/17/94 Page 4 of 8, TWO DAY EVENT IS SCHEDULED FOR SATURDAY AND SUNDAY,MARCH 26 AND 27, 1994. THIS REQUEST DOES NOT APPEAR ON THE COUNCIL CONSENT cse AGENDA TO ALLOW FOR PUBLIC PARTICIPATION AND DISCUSSION OF THE EVENT ROUTE WHICH INCLUDES RESIDENTIAL STREETS NOT NORMALLY USED IN PREVIOUS BIKING EVENTS. Marshal Gendler said the event, which was introduced last year, was a smashing success. This year, though, the event was expanded from one to two days. The first day of the race would be routed through some of the residential neighborhoods, which was why he wanted the item brought before the Council. Councilman Lawrence asked how the route would be marked. Marshal Gendler answered that there would be chalk lines and race marshals at each intersection; cones would mark the curves. Councilman Lawrence expressed concern about vehicles and wondered whether the cyclists were experienced in watching out for vehicles. He was told they were quite experienced. Councilman Lawrence then asked whether the residents of the streets involved would be notified. Mr. Tekesky answered that flyers were to be personally delivered to each home. In addition, there would be a resident from each area selected as a captain who would then select volunteers from his zone to be marshals, so that the people assisting would be familiar with the area. Councilwoman Tibbetts asked whether there had been any feedback from residents regarding the activities in their neighborhood. Mr. Tekesky said there was only one change from the previous route and no one in that neighborhood had declined the opportunity to be a race marshal, there had been only positive interest expressed. Mayor Cutillo said he was concerned about the pedestrian traffic and wondered whether there M~ were any warnings that cyclists would be approaching. Mr. Tekesky answered that each group was led by a motorcycle with blinking lights. Mayor Cutillo MOVED to accept the application for a special event request for the Tour de Fountain Hills on March 26 and 27 as requested. The motion was SECONDED by Councilman Lawrence and CARRIED unanimously. AGENDA ITEM 12. - CONSIDERATION OF THE "BOND ELECTION QUESTIONS AND ANSWERS" INFORMATIONAL PUBLICATION PREPARED FOR THE VOTERS OF FOUNTAIN HILLS TO BE DISTRIBUTED PRIOR TO THE ELECTION. Mr. Nordin said if Council approved the document, it would be sent out immediately. If the Council wished to make any changes, there would still be time to do so. The budget for the item was approximately $1,600. Mr. Mike Scharnow,referring to Question 15, asked whether "time to complete the work" meant actual construction work or the time from when it was voted on until it was done. Mr. Nordin Minutes of the Regular Session of the Town Council 02/17/94 Page 5 of 8, said the intent was to say that if the voters approved the measure, then approximately three years from that approval, Fountain Hills Blvd. would be completed. Mr. Doug Schulz wondered whether the words "have to" couldn't be removed from Question 12. He said it sounded like the Council would have such a hard time to "have to" revisit the issue. It was agreed to delete the words "have to". Councilman O'Brien MOVED to approve the Bond Election Questions and Answers with the aforementioned changes and Councilman Hudson SECONDED. Councilman Clark said he was all for issuing such a document, and he was in agreement with all of the questions and answers except Question #2. He said it was a philosophical difference and because of that, he didn't feel he could compromise his position on that and would be voting no in principle. He said he knew he couldn't change the other Councilmembers' minds, so perhaps the less said the better. The motion CARRIED five aye votes to one nay vote. AGENDA ITEM #14. - CONSIDERATION OF ORDINANCE 94-02, AUTHORIZING CHANGES OF THE MAXIMUM SPEED LIMITS ON FOUNTAIN HILLS BOULEVARD FROM ITS INTERSECTION AT SHEA TO ITS INTERSECTION AT PALISADES IN ACCORDANCE WITH TOWN CODE CHAPTER 12 TRAFFIC,ARTICLE 12-2 TRAFFIC CONTROL, SECTION 12-2-2 TRAFFIC CONTROL DEVICES AND A.R.S. 28-703. Mr. Nordin said the Council had passed a motion at the last Council meeting which directed staff rr•°•- to make the appropriate changes, but had subsequently been reminded by the Town Attorney that an ordinance was required to do so. The ordinance had been prepared and staff recommended approval. Councilman O'Brien MOVED approval of Ordinance 94-02 and Councilman Lawrence SECONDED the motion. Mr. Doug Schulz requested clarification of the ordinance--what distances were involved. Mr. Nordin answered that the 35 mph speed limit encountered on Fountain Hills Blvd. after turning in off Shea would now be extended to 300 feet past Kingstree. The motion CARRIED unanimously. AGENDA ITEM #15. - CONSIDERATION OF SETTING A DATE TO INTERVIEW APPLICANTS FOR THE BOARD OF ADJUSTMENT. Mr. Nordin suggested setting March 1, 1994, the Tuesday prior to the next Council meeting, as Minutes of the Regular Session of the Town Council 02/17/94 *4110 Page 6 of 8, a date for interviews. He said it appeared the March 3 agenda could be quite lengthy and staff suggested interviews be held Tuesday instead. It was decided to schedule the interviews for March 1, 1994 at 6:30 p.m. AGENDA ITEM #16. - (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. AGENDA ITEM #17. - ADJOURNMENT. Mayor Cutillo MOVED to adjourn. Councilwoman Tibbetts SECONDED and the motion CARRIED unanimously. The Town Council adjourned at approximately 7:30 p.m. L Minutes of the Regular Session of the Town Council 02/17/94 Page 7 of 8, TOWN OF FOUNTAIN HILLS BY:Jo4110/ utillo, G Al 1hST: Cassie B. Hansen, Town Clerk PREPARED BY: (Kr . 7; t / Rosalynn Rucker, Adminigtrative Assistant CERT,LHCATION 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 17th day of February, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of March, 1994. eits44,:,„ 6 . Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 02/17/94 Page 8 of 8,