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HomeMy WebLinkAbout1997.1016.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 16, 1997 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:00 P.M., Thursday, October 16, 1997, 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 led by Scouts Thomas Cerchie, David Horvath and Ryan Wold from Webelos #2, Apache Patrol and the invocation given by Associate Pastor Ray Trask from the First Assembly of God Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles,Vice Mayor Bill O'Brien and Councilmembers Don Lawrence, Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson, Town Engineer Randy Harrel and Planner Jeff Valder. AGENDA ITEM #1 — PURSUANT TO A.R.S. 38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF 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. Councilman Apps MOVED to go into Executive Session. Councilman Poma SECONDED the motion, which CARRIED unanimously. Mayor Miles closed the Executive Session and convened the Regular Session at 6:30 P.M. Mayor Miles read the Consent Agenda which consisted of the following items: AGENDA ITEM #2 — CONSIDERATION OF APPROVING THE MEETING MINUTES OF SEPTEMBER 30TH AND OCTOBER 2ND, 1997. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY BILL BEAMISH AND THE ROTARY CLUB FOR THE ANNUAL SOAP BOX DERBY TO BE HELD ON SATURDAY, NOVEMBER 15, 1997 FROM 6:00 A.M. TO 4:00 P.M. THE EVENT WILL BE HELD ON PALISADES BOULEVARD BETWEEN VERDE RIVER DRIVE AND LA MONTANA AND WILL REQUIRE STREET CLOSURE OF THE EVENT AREA. AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY SHARON MORGAN AND THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL FOUNTAIN FESTIVAL OF ARTS AND CRAFTS TO BE HELD FRIDAY, SATURDAY AND SUNDAY, NOVEMBER 7TH, 8TH AND 9TH, 1997 FROM 10:00 A.M. TO 5 P.M. THE EVENT WILL REQUIRE THE CLOSURE OF THE AVENUE OF THE FOUNTAINS FROM LA MONTANA TO SAGUARO AND SAGUARO BOULEVARD FROM PARKVIEW TO EL LAGO. Town Council Regular Session 10/16/97 Page 1 of 9 Councilman Apps MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the motion. A roll call vote was taken with the following results: Councilman Poma Aye Vice Mayor Wiggishoff Aye Councilman Apps Aye Councilman Lawrence Aye Councilman Mower Aye Councilman O'Brien Aye Mayor Miles Aye The motion CARRIED. AGENDA ITEM #5 - PRESENTATION OF PLAQUES OF APPRECIATION TO FORMER PLANNING AND ZONING COMMISSIONERS BRUCE HANSEN AND RICK JELLIES. Mayor Miles awarded plaques to Bruce Hansen for four years of service and Rick Jellies for two years of service on the Planning and Zoning Commission and thanked them on behalf of the Town Council. AGENDA ITEM #6 - CONSIDERATION OF APPOINTING TWO CITIZENS TO THE FOUNTAIN HILLS PARKS AND RECREATION COMMISSION AND RE- APPOINTING YOUTH COMMISSIONER, AUTUMN MAST. THE COUNCIL INTERVIEWED APPLICANTS IN EXECUTIVE SESSION ON OCTOBER 14TH. Mayor Miles stated he had discussed the qualifications of the applicants for the Parks and Recreatit Commission with each councilperson. He MOVED to appoint Michael Fleck and Chuck Handley as commissioners to the Parks & Recreation Commission and reappoint Autumn Mast as Youth Commissioner for an additional one-year term. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #7 - MONTHLY REPORT PRESENTED BY MAGISTRATE STUART SHOOB. Magistrate Shoob stated that 458 cases had been filed in the month of September and 64 formal trials and hearings had concluded during the month. He said a chart depicting the ratio of total fines versus total outstanding accounts since the Court's inception would be presented to the Council next month. Councilman Lawrence asked Judge Shoob whether 82 criminal cases was normal for one month's activities. Judge Shoob answered that although the number of criminal cases was higher than usual, the number included less serious juvenile offenses such as curfew, tobacco, alcohol, and truancy violations. L Town Council Regular Session 10/16/97 Page 2 of 9 AGENDA ITEM #8 - CONSIDERATION OF A MUTUAL AID AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FORT MC DOWELL POLICE DEPARTMENT. Town Manager Paul Nordin explained that the mutual aid agreement between the Fort McDowell Police Department and the Town of Fountain Hills Marshals Department was similar to other agreements the Town had with the Department of Public Safety and the City of Scottsdale. He said the agreement provided for the sharing of equipment and personnel. Councilman Lawrence MOVED to approve the Mutual Aid Agreement as presented. Councilman Poma SECONDED the motion. Councilman Mower asked whether the Maricopa County Sheriff's Office was involved in this agreement. Town Attorney Bill Farrell answered that MCSO was pursuing a separate agreement with the Fort McDowell Police Department. The motion CARRIED unanimously. AGENDA ITEM#9— CONSIDERATION OF RESOLUTION 1997-50, EXERCISING THE POWER GRANTED TO THE TOWN OF FOUNTAIN HILLS,ARIZONA,PURSUANT TO A.R.S. 35-706.F. INDICATING ITS INTENTION NOT TO PARTICIPATE IN THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF PIMA SINGLE FAMILY MORTGAGE REVENUE BONDS. Town Attorney Farrell stated the Pima County Authority had issued mortgage revenue bonds to first- time homebuyers in low income ranges for the purchase of detached single family residences. He said the state statutes specified that all cities and towns in Arizona were part of this program unless a resolution was adopted to not become part of it. No action had been taken in the past several years because Pima County was the only source of these bonds. On October 8, 1997 a letter had been received which indicated that the Maricopa County Industrial Authority might offer a competitive program and ask towns and cities to withdraw from the Pima County program and join the Maricopa County program. He said the deadline for the withdrawal of the Town from the Pima County program was October 22, 1997. He cautioned the Council that by withdrawing from the Pima County program, the Town could find themselves in a situation where they could be between programs and pointed out that there was no distinct advantage to be with either program. There was no motion to approve Resolution 1997-50. The Town will remain with the Pima County Industrial Development Authority. AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE 97-36, AMENDING THE TOWN CODE, CHAPTER 7,BUILDINGS AND BUILDING REGULATIONS, ARTICLE 7-6, RESERVED, BY ADDING A NEW ARTICLE 7-6, PORTABLE GENERATORS, AND BY ADDING SEVEN NEW SECTIONS INCLUDING PURPOSE, DEFINITIONS, APPLICABILITY, VIOLATION, AND PENALTY, EFFECTIVE DATE AND REIMBURSEMENT BY TOWN. Councilman Apps said he sponsored Ordinance 97-36 in an attempt to regulate air pollution caused by portable generators used on construction sites in the town. He felt many of the suggestions outlined in an adopted safety measure program were weak and ineffective. Councilman Apps MOVED to approve Ordinance 97-36 as presented. Mayor Miles SECONDED the motion. L Town Council Regular Session 10/16/97 Page 3 of 9 Councilman Apps reviewed the provisions of the ordinance that would prohibit the use of diesel fueled generators within the next two years. LP gas conversion was suggested as an acceptable alternative. He stated exceptions could be granted to companies with large roofing projects or concrete work. He encouraged the usage of temporary power lines as a means to eliminate the need for generators on construction sites. Vice Mayor Wiggishoff questioned the rationale of some of the exceptions. Councilman Apps answered that the exception for concrete work would enable contractors the power for their equipment when a temporary power box was unavailable and that the roofing exception would be granted as a safety issue. Vice Mayor Wiggishoff suggested alternate fueled equipment be used rather than to allow diesel-fueled generators in those exceptions if the intent of the ordinance was to reduce air pollution. Mayor Miles asked about the provision for the Town to contribute half the contractor's costs of providing temporary power lines. Councilman Apps answered that this would be a measure to encourage contractors to participate in this program to eliminate diesel-burning generators. He suggested meetings be held with contractors to enable this ordinance to be completed and implemented by the year 2000. He asked for input from contractors from the audience. Vice Mayor Wiggishoff said she was interested in a cost estimate as to the fmancial impact the Town would be required to provide prior to approving this aspect of the ordinance. Councilman O'Brien questioned whether all devices creating pollution including generators,lawn mowers and leaf blowers should be regulated. Bruce Hansen said multiple special events in Town used large diesel-powered generators which could not be substituted and asked if these would be exempted. Margaret Gelinas, speaking as a member of the building community and as Chairperson for the Fountain Hills Contractors Association, stated that the contractors in town were divided as to whether the requirement to use temporary power devices was an unnecessary burden to contractors. She suggested that all forms of gas powered devices used should be considered rather than targeting contractors using diesel- powered generators. Gordon Pittsenbarger, a local contractor, said the contractors had been singled out and the action favored tract building rather than custom home building because of the expenses for temporary power. He pointed out temporary power lines were not always adequate for all aspects of construction and concrete work. Arthur Reischfeld, a local contractor, said he also felt that contractors had been singled out and suggested town vehicles should also be regulated. John Bercel, also a local contractor, asked the Council not to totally eliminate diesel-powered generators because they were needed in situations where temporary power lines were not adequate or available. Councilman Apps MOVED to table this matter, offered to chair a sub-committee, select sub- committee members, and report back to the Council with the committee members' names at the next Council meeting. Councilman Poma SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Lawrence cast the nay vote. AGENDA ITEM#11- CONSIDERATION OF A FINAL PLAT FOR MONTERRA RANCH, A 73 UNIT CONDOMINIUM PROJECT ON A 7.189 ACRE SITE LOCATED ON THE SOUTHEASTERN CORNER OF SAGUARO BOULEVARD AND MONTEREY DRIVE. CASE NO. S96-031. THIS ITEM WAS CONTINUED AT THE OCTOBER 2ND COUNCIL MEETING. Director of Community Development Gary Jeppson reviewed the timeline this project had followed kory and stated that all the Preliminary Plat stipulations had been met. Councilman Lawrence MOVED to approve the Final Plat for Monterra Ranch. Vice Mayor Wiggishoff SECONDED the motion. Town Council Regular Session 10/16/97 Page 4 of 9 Councilman Mower said he was always concerned about the multi family projects in the town and that after the developer had assured him that the project location would result in affordable housing resulting in an attractive project. Vice Mayor Wiggishoff pointed out that this project was—correctly in accordance with the General Plan, both old and revised as an appropriate place for multi-family of this density. The motion CARRIED unanimously. AGENDA ITEM #12 — DISCUSSION AND POSSIBLE ACTION REGARDING THE PRELIMINARY PLAT FOR THE TOLKAPAYA VILLAGE CONDOMINIUMS, A 100- UNIT DEVELOPMENT PROPOSED ON THE 9.79-ACRE LOT 1 OF THE TOKPELA SUBDIVISION, WHICH IS LOCATED WEST OF FOUNTAIN HILLS BOULEVARD, EAST OF MOUNTAINSIDE DRIVE, NORTH OF THE SHEPHERD OF THE HILLS LUTHERAN CHURCH AND SOUTH OF THE FOUR PEAKS VISTA CONDOMINIUMS, CASE NUMBER S95-063, WHICH WAS CONTINUED UNTIL NOVEMBER 6TH BY COUNCIL VOTE OF OCTOBER 2ND. Vice Mayor Wiggishoff MOVED to remove this item from the table for discussion. Councilman Poma SECONDED the motion, which CARRIED unanimously. Planner Jeff Valder stated the latest revised letter from the applicant specified that the number of square feet of livable space would be reduced along with a reduction in the number of lofts on the three-story buildings by one-half of what was previously proposed. He said staff recommended approval of the Preliminary Plat and that the revised letter should be included as a stipulation to the Preliminary Plat approval. Councilman Lawrence MOVED to approve the Preliminary Plat for the Tolkapaya Village Condominiums conditioned upon the project complying with the revised letter from the applicant. Councilman O'Brien SECONDED the motion. Marty Jones, attorney for the applicant, stated that the although the plat was in compliance with all town ordinances and regulations, additional concerns from the Council would be welcomed in order to approve the Preliminary Plat. He said the revisions included removing half of the third-story lofts. The applicant, Michael Naim, stated that the number of lofts in the "C" section had been reduced from nine to four and that those units without lofts would now have 1225 square feet. Attorney Jones clarified that there had been a total of 17 lofts taken out of the project which still proposed 100 condominiums. He stated that those 17 units would now become two rather than three-bedroom units. Mr. Naim pointed out the change in the density of his project which now was 10.6 units per acre as compared to 15.4 units per acre in the neighboring Four Peaks Vista subdivision. Mr. Valder stated staff had recommended the applicant's original plan because it met all of the zoning and subdivision standards and noted that any reduction in massing which was presented only stood to improve the project. Vice Mayor Wiggishoff said she thought the downsizing of the units as a result of reducing the massing of this project would not necessarily represent an improvement. Councilman Mower expressed his appreciation for Mr. Naim's efforts to fulfill the Council's desire for an improved plan. He asked Mr. Naim if he was willing to enter into a development agreement for the project. Mr.Jones agreed that the best plan for the development was the original plan not the revised plan which included the elimination of the lofts. He stated the larger units would present more quality in terms of living space and a more varied visual appeal. He suggested a development Town Council Regular Session 10/16/97 Page 5 of 9 agreement would result in precise terms to insure the outcome of the project. He suggested that after the approval of the preliminary plat but before the final plat approval, he was willing to enter into a development agreement. Attorney Jones pointed out that since the plat complied with the ordinances of the Town,the Council had the obligation to approve the plat as an administrative measure. Councilman Mower said he was concerned because it had been traditional to automatically approve the final plat after the preliminary plat had been approved. He suggested this matter be tabled until a development agreement could be initiated. Mr. Naim offered to enter into a development agreement in the next two weeks. Mayor Miles suggested that Mr.Naim, his attorney and Town Attorney Farrell, adjourn to the conference room to work out the language for council consideration to approve the preliminary plat which would include the creation of a development agreement. This matter was set aside while the applicant and counsel adjourned to the conference room Upon their return,Town Attorney Bill Farrell said the applicant and attorney had agreed to language for approval of the preliminary plat including three contingencies. Condition #1 would provide for no less than 96 units and no more than 100 units in the project which would provide for at least 80,000 square feet of open space. Condition #2 would limit the number of lofts not to exceed 16. Condition#3 would provide for the Town and the applicant to enter into a development agreement to be approved at the November 6th Council meeting. Mr. Farrell pointed out that after the preliminary plat had been approved, the applicant had one year to submit the fmal plat for approval without benefit of any further extensions. He stated the present problem was to resolve the decrease in square footage of the units without lofts. Councilman Lawrence MOVED to amend the motion to approve the preliminary plat with the three stipulations limiting the number of units between 96 and 100, that open space remain at 80,000 square feet and that the applicant and Council would enter into a development agreement at the Council meeting of November 6, 1997. Councilman O'Brien SECONDED the motion. Mr.Valder pointed out that the 80,000 square feet referred to hillside open space. The amendment CARRIED with a 6-1 vote. Councilman Mower cast the nay vote. The main motion to approve the preliminary plat with the amendment CARRIED with a unanimous vote. AGENDA ITEM#13-PUBLIC HEARING TO RECEIVE TESTIMONY ON A PROPOSAL TO REZONE 4.266± ACRES OF LAND WITHIN PARCEL "I" OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "R1-10A" TO THE "OSR" ZONING DISTRICT AND 11.812± ACRES OF LAND WITHIN PARCEL "I" OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "OSR" TO THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z96-29. Mayor Miles adjourned the Regular Session of the Town Council and opened the public hearing at 7:50 p.m.. Planner Jeff Valder stated this rezone request was being presented as a clean-up issue as well as other considerations. He pointed out the prominent ridgeline on Parcel "I" adjacent to the North Heights Subdivision. He stated the original plan had been changed to allow for five additional housing units to be transferred from one location in the subdivision to the ridgeline. Mr. Valder Town Council Regular Session 10/16/97 Page 6 of 9 stated a letter opposing the rezone had been received and distributed to the Council. He said the rear property lines on the ridgeline were extended up the slope to eliminate the length of the lots to comply with hillside concerns. Councilman O'Brien asked whether the zoning was being changed after the preliminary plat approval. Mr. Valder stated the rezoning was part of a stipulation of the approval of the preliminary plat. He said the denial of the rezoning request would prompt the denial of the final plat for this parcel. There were no comments from the public. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:59 p.m. AGENDA ITEM #14 - CONSIDERATION OF ORDINANCE 97-37, WHICH WOULD REZONE 4.266± ACRES OF LAND WITHIN PARCEL "I" OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "R1-10A" TO THE "OSR" ZONING DISTRICT AND 11.812±ACRES OF LAND WITHIN PARCEL "I" OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "OSR" TO THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z96-29. Mayor Miles stated that a letter from Ray Baldwin, Sunridge Canyon, had been submitted in his absence and requested that if there were significant concerns among the Council members, that this matter be tabled to the next meeting to allow for Mr. Baldwin's appearance. Councilman Lawrence MOVED to approve Ordinance 97-37, Case Number Z96-29 approving the rezone as presented. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED with a 6-1 vote. Councilman O'Brien cast the nay vote. AGENDA ITEM #15 - CONSIDERATION OF THE FINAL PLAT FOR PARCEL "I" OF THE SUNRIDGE CANYON DEVELOPMENT, A 55 LOT, 95.370± ACRE PROPOSED DEVELOPMENT,CASE NUMBER S96-33. Mr. Valder suggested an additional stipulation that would prevent the final plat from being recorded until after the legal timeline for a referendum issue had passed. Councilman Lawrence MOVED to approve the Final Plat for Parcel "I" of Sunridge Canyon including Mr. Valder's stipulation as presented. Councilman Mower SECONDED the motion, which CARRIED with a 6-1 vote. Councilman O'Brien cast the nay vote. AGENDA ITEM #16 - CONSIDERATION OF THE STREET MAINTENANCE & CONSTRUCTION ANNUAL CONTRACT RENEWALS. Town Engineer Randy Harrel stated that five of the six annual contracts were due for renewal and would be re-bid next year. He said the renewal included a uniform 5.2% inflation escalation increase to the street maintenance and construction contracts based on the Phoenix CPI. Vice Mayor Wiggishoff MOVED to approve the contract renewals for concrete, emulsion seal, slurry seal, asphalt and landscaping contracts. Councilman Poma SECONDED the motion, which r, CARRIED unanimously. Town Council Regular Session 10/16/97 Page 7 of 9 AGENDA ITEM #17 - CONSIDERATION OF A LICENSE FOR TOWN USE OF MCO PROPERTIES'PROPERTY ADJACENT TO VILLAGE BAZAAR. Town Manager Paul Nordin stated there was a parcel of approximately 1.1 acres which was not included in previous agreements transferring ownership of Fountain Park to the Town by MCO Properties and that this license agreement would provide access and usage to this area along Saguaro Boulevard at no cost to the Town. MCO would retain ownership of this parcel which included the site where the flagpole was presently located. Councilman O'Brien MOVED to approve the license agreement as presented. Councilman Poma SECONDED the motion, which CARRIED with a 6-1 vote. Councilman Poma cast the nay vote. Mayor Miles recessed the meeting for five minutes. 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. AGENDA ITEM #19 - PURSUANT TO A.R.S. 38-431.03.A.1., A.R.S 38-431.03..A.3., AND A.R.S. 38-431.03.A.7 VOTE TO GO INTO EXECUTIVE SESSION FOR 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, RESPECTIVELY; (DISCUSSION WILL INCLUDE AN EMPLOYMENT CONTRACT FOR TOWN MANAGER PAUL NORDIN); AND DISCUSSION/OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; AND DISCUSSIONS/CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OR LEASE OF REAL PROPERTY, RESPECTIVELY. Councilman Apps MOVED to go into Executive Session. Councilman Poma SECONDED the motion, which CARRIED unanimously. Mayor Miles recessed the Regular Session at 8:25 p.m. AGENDA ITEM#20-RETURN TO REGULAR SESSION. Mayor Miles reconvened the Regular Session of the Town Council at 8:45 p.m. Town Council Regular Session 10/16/97 Page 8 of 9 AGENDA ITEM #21 - CONSIDERATION OF A CONTRACT OF EMPLOYMENT FOR Ikkw TOWN MANAGER PAUL NORDIN. No action was taken on this matter. AGENDA ITEM#22-ADJOURNMENT. Councilman Apps MOVED to adjourn the meeting. Councilman Poma SECONDED the motion, which CARRIED unanimously. The meeting adjourned at 8:45 p.m. TOWN OF FOUNTAIN HILLS By: Je Miles, ayor A1TEST: C vLJ I 4160, Cassie B.Hansen,Town Clerk PREPARED BY: ( &Ye.---he-,-fra-s1/4-1 Linda D.Lemmen,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 16th day of October 1997. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of November 1997. Cassie B. Hansen,Town Clerk L Town Council Regular Session 10/16/97 Page 9 of 9