HomeMy WebLinkAbout1996.0201.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 1, 1996
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:15
P.M.,Thursday,February 1, 1996, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades
Blvd., Building B, Fountain Hills, Arizona.
ROLL CALL - Following the pledge to the flag and the invocation by Vice Mayor Tibbetts, 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 Don Lawrence, Frank Clark, Wally Hudson, Bill O'Brien and Marianne
Wiggishoff. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen,
and Director of Community Development Gary Jeppson.
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. (THE
COUNCIL WILL BE INTERVIEWING THE APPLICANT FOR THE BOARD OF ADJUSTMENT.)
Councilman Hudson MOVED to go into Executive Session. Councilman Clark SECONDED the motion which
CARRIED unanimously. Mayor Cutillo recessed the Town Council at 6:15 P.M.
AGENDA ITEM #3 - RETURN TO REGULAR SESSION.
Mayor Cutillo reconvened the Regular Session of the Town Council at 6:30 P.M. Pastor Dennis Daniels, from the
First Baptist Church of Fountain Hills, gave a second invocation. Mayor Cutillo read the Consent Agenda which
consisted of the following agenda items:
AGENDA ITEM#4- CONSIDERATION OF APPROVING THE MEETING MINUTES OF JANUARY 18,
1996.
AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1996-06,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE AND PUBLIC UTILITY
EASEMENTS ALONG THE ADJOINING SIDE LOT LINES OF LOTS 14 & 15, BLOCK 5, PLAT 102
(13644 & 13652 SAGUARO BLVD.), AS RECORDED IN BOOK 142 OF MAPS, PAGE 12, RECORDS OF
MARICOPA COUNTY, ARIZONA.
Minutes of the Regular Session of the Town Council 02/01/96
Page 1 of 5
AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1996-07,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE EASEMENT ALONG THE
EAST (REAR) PROPERTY LINE OF LOT 25, BLOCK 1, PLAT 213 (15011 BRISTOL BAY), AS
RECORDED IN BOOK 155 OF MAPS, PAGE 24, RECORDS OF MARICOPA COUNTY, ARIZONA.
AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1996-08,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE EASEMENT ALONG THE
SOUTH AND WEST PROPERTY LINES OF LOT 14, BLOCK 5, PLAT 431 (17345 BACA DRIVE), AS
RECORDED IN BOOK 151 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA.
AGENDA ITEM #8 - CONSIDERATION OF THE RESOLUTION 1996-09, ABANDONING WHATEVER
RIGHT, TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE EASEMENT ALONG
THE SOUTHERLY(REAR)PROPERTY LINE OF LOT 36,BLOCK 1,PLAT 506B(15017 E.MARATHON
DRIVE), AS RECORDED IN BOOK 159 OF MAPS, PAGE 3, RECORDS OF MARICOPA COUNTY,
ARIZONA.
AGENDA ITEM#9-CONSIDERATION OF RESOLUTION 1996-10,ACCEPTING DEDICATION OF THE
RIGHT-OF-WAY ON PALISADES BLVD. FROM SHEA BOULEVARD TO SAGE DRIVE AND
DECLARING AN EMERGENCY.
AGENDA ITEM #10 - CONSIDERATION OF A SPECIAL EVENT REQUEST SUBMITTED BY THE
FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL GREAT FAIR TO BE HELD
FEBRUARY 23RD,24TH AND 25TH,I996. ACTIVITIES WILL RUN FROM 10:00 A.M.TO 5:00 P.M.ON
FRIDAY AND SATURDAY; 8:00 A.M. TO 5:00 P.M. ON SUNDAY. THE EVENT WILL REQUIRE THE
CLOSURE OF AVENUE OF THE FOUNTAINS AND SAGUARO BLVD. BETWEEN EL LAGO AND
PARKVIEW FROM FEBRUARY 22ND AT 7:00 P.M. THRU FEBRUARY 26TH AT 6:00 A.M.
AGENDA ITEM #11 - CONSIDERATION OF A SPECIAL EVENT REQUEST SUBMITTED BY THE
SUNRISE KIWANIS FOR THE MOUNTAIN TO FOUNTAIN RACE TO BE HELD IN CONJUNCTION
WITH GREAT FAIR ACTIVITIES ON SATURDAY,FEBRUARY 24,1996 FROM 5:30 A.M.TO 10:30 A.M.
NO ADDITIONAL STREETS WILL REQUIRE CLOSURE OTHER THAN THOSE CLOSED FOR THE
FAIR.
AGENDA ITEM #12 - CONSIDERATION OF SPECIAL EVENT REQUEST SUBMITTED BY TOM
CONNOR FOR THE PRO CON CYCLING CLUB FOR THE TOUR DE FOUNTAIN HILLS, THE
ANNUAL TWO-DAY CYCLING EVENT SCHEDULED FOR SATURDAY AND SUNDAY,MAY 4TH AND
5TH, 1996. THE SATURDAY EVENT (6:30 A.M. TO NOON)AND THE SUNDAY EVENT 6:30 A.M. TO
5:00 P.M.) WILL REQUIRE TRAFFIC CHANGES AND STREET CLOSURES ON LA MONTANA AND
SAGUARO BOULEVARD.
AGENDA ITEM #13 - CONSIDERATION OF A FINAL PLAT FOR A PROPOSED 0.7 ACRE, 30,483
SQUARE FOOT, LOT JOIN, COMBINING LOTS 11 & 12, BLOCK 5, PLAT 102, WHICH IS LOCATED
WEST OF SAGUARO BOULEVARD AND NORTH OF LAMONTANA DRIVE: CASE #S96-02.
AGENDA ITEM #14 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT WITH
MARICOPA COUNTY TO INCREASE THE SPECIAL TRANSPORTATION SERVICE PROGRAM
WHICH PROVIDES LIMITED TRANSPORTATION, FREE OF CHARGE, TO QUALIFIED ELDERLY,
LOW-INCOME AND DISABLED RESIDENTS OF THE TOWN OF FOUNTAIN HILLS.
Councilman Clark MOVED to approve the Consent Agenda as read. Vice Mayor Tibbetts SECONDED the motion.
A roll call vote was taken with the following results:
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Councilman Lawrence Aye
Councilwoman Wiggishoff Aye
Councilman Clark Aye
Councilman Hudson Aye
Councilman O'Brien Aye
Vice Mayor Tibbetts Aye
Mayor Cutillo Aye
The motion CARRIED unanimously.
AGENDA ITEM #15 - PRESENTATION BY COUNCILMAN WALLY HUDSON OF THE RESULTS OF
THE ADOPT-A-STREET ART CONTEST.
Councilman Hudson described the recent art design contest sponsored by the Adopt-A-Street Committee and
participated by 4th, 5th, and 6th grade students. He said the three winning entries' designs would be printed on t-
shirts and given to Adopt-A-Street volunteers who renewed their litter-service commitment. He stated prizes of
donated savings bonds would be given to the three winners and that there were five honorable mention awards.
AGENDA ITEM #16 - CONSIDERATION OF APPOINTING THE MEMBERS OF THE MCDOWELL
MOUNTAIN PRESERVATION COMMISSION.
Town Manager Paul Nordin said the Nominating Committee comprised of Councilwoman Wiggishoff, Vice Mayor
Tibbetts,and Roy Kinsey had finalized their selections for the appointment of members to the McDowell Mountain
Preservation Commission. He referred to a recent memo which outlined the skills and experience of each of the
seven nominees. Councilman Hudson noted two of the nominees were non-residents. Councilwoman Wiggishoff
stated the Nominating Committee had selected seven citizens based on their wide range of skills, not their address.
She suggested the two non-residents could bring a different perspective to the Commission. Mayor Cutillo
complimented the Nominating Committee for their efforts and suggested the two non-residents be appointed as non-
voting members. Councilman Clark said he was concerned the appointment of non-resident members to the
Commission might generate criticism from taxpayers.
Councilman Hudson MOVED to appoint Roy Kinsey,James Carroll,Margaret Tibbetts,Mark Scheehle,Arnold Roy,
Loras Rauch and Guy Hollenbeck as members to the McDowell Mountain Preservation Commission. Councilman
Clark SECONDED the motion. Councilman Lawrence stated he was not concerned about the two non-residents as
the Commission was established to recommend to the Council and that he supported their participation on the
Commission. The motion CARRIED unanimously.
AGENDA ITEM #17 - CONSIDERATION OF APPOINTING A CITIZEN TO THE PARKS AND
RECREATION COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF
WENDELL OLIPHANT.
Mayor Cutillo MOVED to appoint Joseph Polese to fill the unexpired term of Wendell Oliphant, term ending
January 31, 1997. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously.
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AGENDA ITEM#18-CONSIDERATION OF APPOINTING TWO CITIZENS TO FILL TWO VACANCIES
ON THE BOARD OF ADJUSTMENT.
Mayor Cutillo MOVED to appoint Tom Mann and Robert Howes to fill the two-year terms on the Board of
Adjustment. Vice Mayor Tibbetts SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #19 - 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 from the public.
AGENDA ITEM #20 - PURSUANT TO A.R.S. 38-431.03.A.7. AND 38-431.03.A.3, VOTE TO GO INTO
EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION WITH DESIGNATED
REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND
INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE OR LEASE
OF REAL PROPERTY;AND FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE
ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, RESPECTIVELY.
Councilman Clark MOVED to go into Executive Session. Councilwoman Wiggishoff SECONDED the motion
which CARRIED unanimously. Mayor Cutillo recessed the Regular Session of the Town Council Meeting at 6:48
P.M.
L
AGENDA ITEM #21 - RETURN TO REGULAR SESSION.
Mayor Cutillo reconvened the Regular Session of the Town Council meeting at 7:45 P.M.
AGENDA ITEM #22 - CONSIDERATION OF ORDINANCE 96-04, AMENDING THE TOWN CODE
CHAPTER 9 "PARKS AND RECREATION" BY ADDING ARTICLE 9-3, "WATERCOURSE
PRESERVATION AND HABITAT ORDINANCE" CONSISTING OF SECTION 9-3-1 "PURPOSE AND
INTENT";SECTION 9-3-2"DEFINITIONS";SECTION 9-3-3"DEVELOPMENT OF WASHES";SECTION
9-3-4 "VOTER APPROVAL OF DEVELOPMENT"; SECTION 9-3-5 "RESTRICTIONS ON TRANSFER
OR ALIENATION"; SECTION 9-3-6 "MODIFICATION, AMENDMENT OR APPEAL"; AND SECTION
9-3-7 "SEVERABILITY".
Town Attorney Bill Farrell reviewed the options available to the Council relative to the initiative petition which
included the adoption of an ordinance with or without voter participation. He said the text of Ordinance 96-04 was
copied word-for-word from the initiative petition. He said if the ordinance was adopted in February,this issue would
not appear on the May ballot.
For the purposes of discussion, Councilwoman Wiggishoff MOVED to approve Ordinance 96-04. Vice Mayor
Tibbetts SECONDED the motion. Councilman Hudson asked if one council's actions could legally bind all future
councils. Town Attorney Farrell said contractual matters were covered by budgeted allotments and generally could
Minutes of the Regular Session of the Town Council 02/01/96
Page 4 of 5
not be bound by previous sanctions of other councils, except in bonding matters. He said future councils could
amend the ordinance, if desired. Councilman Hudson also said he was concerned about public safety and
Low maintenance issues as an exemption to the proposed ordinance. Attorney Farrell said a majority vote of the council
could determine an emergency exemption. Councilman Hudson also asked about existing public easements in washes
such as Salt River Project or the Sanitary District. Town Attorney Farrell said the ordinance could not regulate
public utilities and that any deeds to the washes not owned by the Town or in fee simple would also be non-
applicable. He said the intent of the ordinance would govern only Town-owned land.
John Kavanaugh presented his objections to the proposed ordinance citing the council's approval would exhibit bad
government, create extra, unnecessary expenses for environmental studies and set a precedent for special interest
group efforts to sway public opinion. He advised the Council not to let special interest groups dictate Town policies.
He said two-year delays in Parks and Recreation construction projects such as basketball courts could occur.
Mayor Cutillo pointed out that because the ordinance was recently drafted, both the Council and the public lacked
enough time to adequately evaluate it. He MOVED to table discussion until the next Council meeting, February
15, 1996. Councilman Clark SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #23 - ADJOURNMENT.
Councilwoman Wiggishoff MOVED to adjourn the meeting. Councilman Hudson SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 8:00 P.M.
TOWN OF FOUNTAIN HILLS
By:
Joh . Cutillo, Mayor
ATTEST: ,tt�1d,��. W
Cassie B. Hansen, Town Clerk
PREPARED BY: (P_Z:s‘24.Z22.9-,,J,
Linda D. Lemm n, Administrative Assistant
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 1st day of February, 1996. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 15th day of February, 1996.
\ist3
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 02/01/96
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