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HomeMy WebLinkAbout1998.1203.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Noir DECEMBER 3, 1998 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M., Thursday, December 3, 1998, 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 given by Councilman Wyman, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Al Poma and Councilmembers John Wyman, Sharon Hutcheson, Sid Apps, Marianne Wiggishoff, and Penfield Mower. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen,Town Engineer Randy Harrel,Director of Community Development and Planners Geir Sverdrup and Dana Burkhardt. Mayor Morgan read the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF NOVEMBER 5TH AND 19TH 1998. AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 1998-65 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE WESTERLY AND SOUTHERLY PROPERTY LINES OF PLAT 603C,BLOCK 1, LOT 7 (15831 E. THISTLE DRIVE) AS RECORDED IN BOOK 161 OF MAPS, PAGE 43 RECORDS OF MARICOPA COUNTY,ARIZONA. (ALLIED HOMES-EA98-34). AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1998-66 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHERLY AND WESTERLY PROPERTY LINES OF PLAT 505B, BLOCK 2, LOT 8 (16206 N. BOTTLEBRUSH WAY) AS RECORDED IN BOOK 158 OF MAPS, PAGE 43 RECORDS OF MARICOPA COUNTY,ARIZONA. (SCHARNOW—EA98-36). Councilman Apps MOVED to approve the Consent Agenda as read. Councilwoman Wiggishoff SECONDED the motion. A roll call vote was taken with the following results: Councilman Apps Aye Councilman Wyman Aye Councilman Mower Aye Mayor Morgan Aye Vice Mayor Poma Aye Councilwoman Wiggishoff Aye Councilwoman Hutcheson Aye The motion CARRIED. AGENDA ITEM #4 - PRESENTATION BY COUNTY EMERGENCY SERVICES PLANNER TIM NEWBILL ON THE UPDATED EMERGENCY RESPONSE PLAN FOR THE TOWN OF FOUNTAIN HILLS. Regular Session Town Council I2/3/98 Page 1 of 9 Mr. Newbill pointed out the emergency response plan dealt with man-made or natural disaster situations. He reviewed several sections of the plan, which provided for an emergency operations center, the inclusion of the language of Public Safety Director, reference to the 800 mhz. communications dispatch center, procedures to declare likw an emergency in the Town, and information concerning disaster assistance provided by state and federal government agencies. Also included in the plan was an updated telephone contact list. Scott LaGreca, Fire Marshal, stated the Fire Department had endorsed the updated emergency response plan, which was similar to several other community's plans. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1998-67, ADOPTING THE UPDATED EMERGENCY OPERATIONS PLAN. Vice Mayor Poma MOVED to table discussion of Resolution 1998-67 until the first meeting in January, 1999. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #6 - CONSIDERATION OF THE RECOMMENDATION SUBMITTED BY THE COMMUNITY BENEFITS COMMITTEE FOR THE DISTRIBUTION OF COMMUNITY BENEFIT FUNDS FOR FISCAL YEAR 1998/99. Town Clerk Cassie Hansen reviewed the process that had been taken by a four-member citizen committee who had submitted their recommendations for the dispersal of $80,000 for community benefit programs. She stated the committee requested specific criteria be required in the future to assure consistency in content and format. Councilman Mower MOVED to accept the recommendations of the Community Benefit Committee with the change in the amount from $26,000 to $20,000 for the Community Theatre and from $6,000 to $12,000 for the Senior Center. Councilwoman Wiggishoff SECONDED the motion. Councilman Mower commended the citizen committee for their recommendations and stated he agreed a more uniform application with certain criteria was appropriate. He said he thought organizations should not expect the same funding each year simply because they received funding in previous years as there could be changes in financial status, other grants being received and changes in monetary requirements from year to year. He pointed out that the Senior Center had included operating costs in their requests as had other organizations. Councilwoman Wiggishoff said she wanted to continue to support the Community Theatre and that $20,000 was merited this year. She supported the increase to $12,000 for the Senior Center for operating costs during their first eighteen months of its existence. Vice Mayor Poma asked about expenses for the Senior Center. Councilman Mower stated the operating expenses included postage, a fax line and other directly related expenses to the Senior Center. Vice Mayor Poma supported the educational benefits the Community Theatre provided in their youth programs. Councilman Apps said he was opposed to approving funds for a technical director salary for the Community Theatre and preferred to apply all funds to educational programs. Councilman Mower estimated the request for the Senior Center next year would be around$6,000. Dale Jensen, a member of the Committee, said he thought the committee prioritized equal levels of funding based on prior requests as well as honoring first-time requests. He felt that basic local human needs, such as the Food Bank request, were a higher priority than other organizations' requests. He said the committee had not been given enough information about previous budget allotments and suggested financial information be submitted on how granted funds were actually used. Councilwoman Hutcheson stated that$10,000 had been appropriated for a youth director and $20,000 for a technical director in the Community Theatre's request of $30,000. She asked if the grant was reduced to $20,000, what assurances would the Council have that the youth director's position would not be lost. Val Stasik, representing the Regular Session Town Council 12/3/98 Page 2 of 9 • Community Theater, stated the youth director would not be sacrificed. Mayor Morgan said she opposed the amount requested from CASS (Central Arizona Shelter Services) for supplies in the amount of $400. Councilman Apps suggested the amount for CASS be reduced. Town Manager Nordin stated CASS was a well-run, valley-wide organization and had been questioned by former councils as to what benefits were available to residents of our community. Councilman Apps MOVED to amend the motion to reduce the amount for CASS from $8,100 to $4,000, increase the Food Bank's amount from $22,400 to $24,500 and increase the Cattleguard Alliance amount from $6,000 to $8,000. Mayor Morgan SECONDED the motion. Councilwoman Wiggishoff said she thought the Town, as a good municipal citizen of the metropolitan area, should participate in their share of the costs associated with services provided by CASS. Vice Mayor Poma objected to 50% of the CASS monies going toward payroll expenses. Wally Hudson, a former Council member, pointed out that this organization bought condemned properties, repaired them and provided them as temporary homes for people in the process of obtaining employment. He said they also provided emergency food, transportation, and childcare throughout the valley. Councilman Wyman asked about how the per capita request was obtained. Town Clerk Cassie Hansen answered that the request was based on .59% of the Valley's population. Councilman Apps said services such as those supplied by the Food Bank and Cattleguard Alliance had become available for local residents and that he supported granting those organizations more money than an organization that provided valley-wide services. Councilwoman Wiggishoff pointed out that CASS offered services not provided by local organizations. Councilwoman Hutcheson said she did not object to reducing the amount for CASS to $4,000 this year and increasing the amounts for the Cattleguard and Food Bank. Tom Schuelke stated he thought CASS requested funds to support only half their needs and felt this organization should be granted even more than the amount requested($8,600)in recognition of our community's prosperity. Both Councilwoman Wiggishoff and Councilman Mower agreed that CASS should be granted funds for their shelter services. The vote on the amendment CARRIED with a 4-3 roll call vote. Councilwoman Wiggishoff, Councilman Wyman and Councilman Mower cast the nay votes. Val Stasik, representing the Community Theater, thanked the Council for their past support and reviewed the needs and activities of the Community Theater. Councilman Wyman declared a conflict of interest and stated he would not be voting on the main motion. The vote on the original motion CARRIED with a 5-1 vote. Vice Mayor Poma cast the nay vote. Councilman Wyman abstained. AGENDA ITEM#7- REPORT BY TOWN MANAGER PAUL NORDIN ON STATE SHARED REVENUES AND THE 1999 LEGISLATIVE SESSION. Town Manager Paul Nordin stated an attempt to solve the State's recent $282 million budget deficit by reducing the cities' and towns' portions of state shared revenues was recently being addressed. He referred to a newspaper article which described the anticipated state deficit. He said that since the state shared revenues originated as a result of thirty years of citizen initiative measures, municipalities had been able to run their governments independently from the state government. He stated the reduction of the state shared revenues could pose a significant concern in the Town's financial status and as a registered lobbyist he was prepared to represent the Town's interest if the Council desired. He pointed out Regular Session Town Council 12/3/98 Page 3 of 9 that several attempts had been made at reducing state shared revenues but all of them had been unsuccessful to date. He suggested the Council proceed with the Community Center project by allowing the bid process to continue but to wait until the status of the state shared revenue situation was resolved before awarding any bids. He predicted the bid award might be delayed but not the construction of the Community Center. In the event the State Legislature proceeded with their intent to dissolve the state shared revenues, Mr. Nordin stated that other means to fund the Community Center could be explored. The entire Council voiced their support and encouraged Mr. Nordin to do whatever he could in representing the interests of the Town. Mr. Nordin stated invitations to Senator Gnant, Representatives Marsh and Allen would be extended for the first meeting in January, 1999. AGENDA ITEM #8 - DISCUSSION OF A.R.S. 42-303.02(03), ALTERNATIVE AND ADDITIONAL METHOD OF LEASING FACILITIES; MUNICIPAL AUDITORIUMS AND CONVENTION CENTERS; LEASING FACILITIES; APPROVAL BY ELECTORS; ALTERNATIVE METHODS. Town Attorney Bill Farrell reviewed the City of Phoenix's history regarding the financing of the Phoenix Civic Center using a condemnation, lease-back method where revenues derived from the Civic Center were used to pay off the building's debt and the title was transferred back to the City of Phoenix. He stated the state constitution provided for a debt limitation of 6% of assessed values and a 20%limitation for utilities, open space conservation or recreation purpose. He said the state statutes provided a budget law that prohibited any excesses in the budget beyond the revenues that were available and the limitation cap. He also said the Supreme Court approved of using state shared revenues or excise (sales) taxes rather than rental revenues or property taxes to determine funding for their project but that this method would require voter approval. He stated his research indicated that no city or town had used this method to fund any recreation or convention center and that the bond counsel did not recommend using this method. Mr. Farrell stated the name of the Community Center would need to be changed to a municipal convention center and/or recreation center because of specific limitations in the statute. Based upon the history that this process was never used by any town or city in the state, that this method was cumbersome with the raising of funds, and that a 461,0 determination of which funds that could be enumerated was unclear, he recommended not using the alternative method as a method for financing the Community Center. He recapped the two methods where an election for the determination of the funding of the Community Center could occur. The two methods were either a general obligation bond for a recreational facility funded through property taxes or with a capital projects accumulation fund over the next 3-5 years used to save capital excesses until all funds were saved to pay for the project. He re-stated his opinion that a general law town does not have the authority to call for an advisory, non-binding election. Vice Mayor Poma asked if an election was possible if only a partial expenditure of the project would be appropriated from property taxes. Mr. Farrell said that an election might delay the financing of the remainder of the project through the municipal property corporation and that he had questions about whether it was feasible to bond small amounts. Councilman Wyman asked if the Town authorized an election to finance $1.00 through the property taxes, could this appear as an effort to circumvent the law and challenged by the Attorney General. Mr. Farrell answered that the election costs and underwriting costs for issuance of bonds would slightly affect property taxes after an election of a minimal amount. Councilwoman Wiggishoff asked if a vote to create a capital accumulation fund would be appropriate for a portion of the project costs and fund the remainder through the municipal property corporation. Mr. Farrell answered an election would ask the voters to permit the Town to exceed the state mandated limits on debt and expenditures by allowing the Town to segregate funds in a capital accumulation account. Councilwoman Wiggishoff stated she thought the required language on the ballot such as Mr. Farrell had stated would be unclear to the voters and that they would not understand the ballot question. In response to Vice Mayor Poma's question as to whether an election was possible, Mr. Farrell concluded that the Town Council was vested with the authority to authorize funding under the state constitution and state statutes because it was a general law town. He said if the Town was chartered, a public vote would be possible. Regular Session Town Council 12/3/98 Page 4 of 9 Susan Neuhart commented that there was no mandate from citizens to build a performing arts center and that she felt the citizens of Fountain Hills wanted to vote on this project. Councilwoman Hutcheson responded that all four newly elected candidates had supported the Community Center throughout their campaigns. Tom Schuelke asked how other communities had financed their municipal auditoriums. Mr. Farrell answered that almost all of the municipalities had used a municipal property corporation to fund their projects. Both Councilman Apps and Vice Mayor Poma supported the concept of having the community center put to the voters. Councilman Wyman commended the actions of a former council when they approved the sales tax to fund future needs of the Town and pointed out that if sales taxes had not been received, the Town could be in a financial deficit of$2 million. AGENDA ITEM #9 - CONSIDERATION OF ORDINANCE 98-33, AMENDING THE TOWN CODE, CHAPTER 2, MAYOR AND COUNCIL, BY CREATING A NEW ARTICLE 2-9, PETITION CIRCULATORS; INCLUDING TWO NEW SECTIONS,_2-9-1, QUALIFIED ELECTOR; DEFINITION; AND 2-9-2,PETITION CIRCULATORS. Assistant Town Attorney Andrew McGuire stated this ordinance was similar to one adopted by Scottsdale and was created in an attempt to assure that circulators of petitions were Town residents rather than professional paid circulators. This would bring petition circulators in compliance with state statutes. Vice Mayor Poma MOVED to approve Ordinance 98-33 as presented. Councilman John Wyman SECONDED the motion. Tom Schuelke asked about the language "intent to remain"regarding residency requirements. Town Attorney Farrell stated the ordinance was created to make sure Fountain Hills residents pass the petitions and sign the petitions in future referendum or initiative actions. The motion CARRIED unanimously. L AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE 98-34, AMENDING THE TOWN CODE, BY CREATING A NEW ARTICLE, 7-3,POLLUTION REDUCTION, CONTAINING ONE NEW SECTION, 7- 3-1, FIREPLACE RESTRICTIONS, RELATING TO RESTRICTIONS ON TYPES OF FIREPLACES THAT MAY BE INSTALLED WITHIN THE TOWN. Assistant Town Attorney Andrew McGuire stated this ordinance was created to implement standards to achieve better air quality allowing only gas fireplaces in future dwellings and would become effective 30 days after adoption. Vice Mayor Poma MOVED to approve Ordinance 98-34 as presented by staff. Councilman Apps SECONDED the motion. Councilwoman Wiggishoff asked if existing wood-burning fireplaces were grandfathered into these restrictions. Mr. McGuire responded that they would unless the fireplaces were reconstructed or significantly altered. Councilman Wyman asked if outdoor fireplaces were exempted. Mr. Valder answered in the affirmative. Councilman Apps asked if steps had been taken to restrict outdoor fires. Mr. McGuire stated that the construction industry had lobbied to retain the option for construction of outdoor fireplaces. The motion CARRIED unanimously. AGENDA ITEM #11 - CONSIDERATION OF THE TRAFFIC CALMING PLAN ON EL LAGO BOULEVARD (PALISADES BOULEVARD TO FOUNTAIN HILLS BOULEVARD), INCLUDING REDUCING THE SPEED LIMIT TO 30 MPH AND INSTALLATION OF AN ALL-WAY STOP SIGN AT ECHO HILLS DRIVE. Regular Session Town Council 12/3/98 Page 5 of 9 Town Engineer Randy Harrel said meetings with neighborhood groups had been held to determine a resolution to covtraffic problems on El Lago Boulevard and that a petition had been signed by 80% of the property owners who had endorsed the traffic calming plan. Councilwoman Wiggishoff MOVED to approve the traffic calming plan presented by Town Engineer Harrel and to change the speed limit from 35 mph to 30 mph on El Lago Boulevard from Palisades Boulevard to Fountain Hills Boulevard and install an all-way stop sign at Echo Hills Drive. Councilman Wyman SECONDED the motion. Councilwoman Wiggishoff commended the neighborhood for working on the resolution of construction and speeding traffic problems in their area over the last two years and supported the plan that was presented. In response to a question from Councilman Wyman, Mr. Harrel stated a traffic consultant hired by MCO had determined that El Lago would not be used for cut-through traffic. Councilman Mower asked if reducing the speed limit by five miles per hour would solve the speeding problems. Mr. Harrel stated the answer would be the enforcement of the new speed limit as well as the slowing of traffic created by the new four-way stop signs. Ed Bubak spoke in support of the traffic calming plan. Julius Walters said he felt the 30 mph speed limit restriction would be too slow for the type of roadway such as El Lago Boulevard. The motion CARRIED unanimously. AGENDA ITEM #12 - DISCUSSION OF USE OF DEVELOPER BONDS WITH DIRECTION TO STAFF REGARDING DISPOSITION OF THE BONDS. Assistant Town Attorney Andrew McGuire pointed out that four bonds had been held by the Town that were designated to create a multi-use path along Cereus Wash and along existing box culverts because the wash initiative ordinance had prevented any disturbances in the wash. He stated either staff could be directed to hold onto the bonds and call an election, possibly as early as May 2000, to vote whether to allow a path in Cereus Wash or to direct staff to return the bonds to the developers. He said the bonds had already been held from 3-4 years, which was beyond the normal period for holding a bond in trust. Councilwoman Wiggishoff stated that she had no problem with putting the Cereus Wash question to the voters and asked about the timeline to make a decision about a commitment and the spending of bond funds. Mr. Farrell stated the issue whether to improve the wash needed to go through the election process and that he was getting legal pressure from the developers to settle the issue whether or not to spend the funds from the bonds or get their money returned. Since the Town Code prevented an election from being held other than a general election to decide matters involving wash issues, per the wash initiative, Councilman Mower asked if the Town Code could be amended to provide that any issue could be held during any type of election. Mr. Farrell said his opinion was that case law would permit an amendment to the wash ordinance at any type of election rather than just a general election. He stated the deadline had passed for the March, 1999 election. Councilman Mower stated that if bonds were returned, developers would be relieved of making improvements to the wash in the future. He suggested an additional five- year agreement with developers to keep the improvement option open was reasonable if bonds were returned. Vice Mayor Poma said he was concerned with the pedestrian traffic around Shea Blvd. if a major store were to be built in that area and suggested to put the improvement of the wash question to the voters. Mr. Harrel said he had met with the members of Committee to Preserve the Environment and was assured that this committee would oppose any improvements to Cereus Wash. Also Mr. Harrel stated there were four other bonds that were being held outside of Cereus Wash and staff recommended returning those bonds because the areas involved in those bonds did not attach to anything or lead anywhere significant at this time. Regular Session Town Council 12/3/98 Page 6 of 9 Councilwoman Wiggishoff MOVED to release the four developer bonds that did not have anything to do with the Cereus Wash trail and to hold the bonds for Cereus Wash until June, 2000. Councilwoman Hutcheson SECONDED the motion. Mayor Morgan asked if a General Election was not scheduled for the year 2000, what was the next course of action. Mr. Nordin stated a single question could appear on the May, 2000 ballot, if all Council members were elected in March. In response to Councilman Mower's suggestion to amend Section 9-3 of the Town Code, Mr. Farrell stated an amendment by ordinance was possible for consideration at the next Council meeting but that other issues such as an environmental impact study, public hearings, advertising times and alternative remedial measures would require a tight schedule in order to get the question on the ballot. He estimated that approximately $20,000 in funds would be expended if an election was scheduled to accomplish all the issues required by the wash ordinance. Also he said a legal challenge to an amendment could entail additional legal fees. He stated he had been threatened with litigation from developers in an attempt to resolve this matter. Mark Van Boeckel, Chairman of the CPE, proposed that since the developers had dumped cement into Cereus Wash, they should be accountable to restore the wash rather than construct an 8' wide cement trail through the wash. Councilwoman Wiggishoff said no definite decision had been made to construct an 8' concrete trail through the wash and that the decision would be made by the voters. Susan Ralphe, a former chairman of the CPE, suggested the Town renegotiate with developers to use the bond money to restore the wash or use the money elsewhere for other town purposes without breaking any laws. Bob Barbanica, also a former chairman of the CPE, stated the specific purpose for the bonds had been set to develop an 8' wide cement trail in the wash. Mr. Farrell affirmed that a pathway had been specified in the approval of the development of the area around Cereus Wash but that the wash ordinance prevented any path from being constructed unless voters approved such a measure. He said the developers had a reasonable expectation to either develop the washes from the bond proceeds or to the return of their money from the bonds. The motion CARRIED unanimously. AGENDA ITEM #13 - CONSIDERATION OF ACCEPTING THE DEDICATION OF THE FIVE-ACRE SUNRIDGE CANYON PARK SITE, LOCATED ON THE NORTHEAST CORNER OF SUNRIDGE DRIVE AND DESERT CANYON DRIVE, CASE NUMBER REA98-09. AGENDA ITEM #14 - CONSIDERATION OF APPROVING SUNRIDGE CANYON LLC'S REQUEST TO NOT DEVELOP TWO TRAILS WITHIN THE SUNRIDGE CANYON DEVELOPMENT. Director of Community Development Jeff Valder stated these two agenda items could be considered at the same time. He stated when the Area Specific Plan for the Sunridge Canyon subdivision was approved, the Town had committed to accept a 5-acre park site and to put turf on 2 1 acres of that site. Since the development was nearing completion, the developer had suggested that if he was relieved of the development of the two unpaved trails in the Sunridge Canyon master plan, he would absolve the stipulation for the installation of the turf. He said the Town could retain the trail easement and could develop a trail system in the future. He stated staff recommended approval with the stipulations contained in the staff report. Mayor Morgan confirmed that the area could remain as open space until such time as the Town deemed appropriate to develop it. Vice Mayor Poma asked if the park was part of the gated subdivision. Mr. Valder said that Parcel K in Sunridge Canyon was a gated subdivision and that the Town had retained a public trail easement into that subdivision. Councilwoman Hutcheson asked if the North Heights Property Owners Association would be affected. Mr.Valder stated the park land abutted the North Heights subdivision Vice Mayor Poma MOVED to approve the acceptance of the five-acre park and to honor the request for non- development of the two trails within the Sunridge Canyon development as presented by staff. Councilman Mower SECONDED the motion, which CARRIED unanimously. Regular Session Town Council 12/3/98 Page 7 of 9 AGENDA ITEM #15 - CONSIDERATION OF OPTION AND SITE LEASE AGREEMENTS WITH WESTERN WIRELESS FOR INSTALLATION OF STEALTH COMMUNICATIONS FACILITIES IN TOWN RIGHT-OF-WAY ALONG SHEA BOULEVARD AND ON TOWN PROPERTY LOCATED AT FOUR PEAKS NEIGHBORHOOD PARK. Assistant Town Attorney Andrew McGuire stated a recent ordinance had provided incentives to developers of wireless communication companies to use town-owned properties for their communication towers. He stated agreements had been prepared for approval of three sites. The first site was near the new town sign at the east entrance on Shea Boulevard, the other was located along a knoll on Shea Boulevard between Fountain Hills Boulevard and Palisades Boulevard on the north side, and the third site was on a ballfield light in Four Peaks Park. He said the agreement provided that the telecommunications company would pay $750 for an eighteen-month option period. If the company desired to use one of the sites, then rental payments would commence. One of the requirements was that any tower would be stealth in nature to prevent the obstruction of views. Councilwoman Wiggishoff MOVED to approve the three option and site agreements as presented. Vice Mayor Poma SECONDED the motion. Councilman Wyman asked about language regarding termination and asked about the restoration of the property in the event of termination of the agreement. Mr. McGuire stated that the Town Code Chapter 17 regarding wireless towers addressed the restoration of sites where leases had been terminated for communications towers. Councilman Wyman asked about the tower on the lightpole. Mr. McGuire stated an amendment to the agreement provided for the lights to be re-set after installation of the wireless equipment. The motion CARRIED unanimously. Ly AGENDA ITEM#16- CALL TO THE PUBLIC Susan Neuhart stated she would be filing papers for a voter initiative to designate the off-leash facility as a controlled access facility for residents who paid a fee to the Town and that all fees would be used for construction of the facility as well as access control measures. Tom Schuelke stated reduced vehicle registration revenues could affect the Town's financial situation. He said he thought the usage of the current Community Center ran at less than 50%of capacity. Mark Van Boeckel urged the Council to let citizens vote on the Community Center. He also commented about the restoration of the Cereus Wash. AGENDA ITEM #17 - PURSUANT TO A.R.S. 38-431.03.A.3, A.R.S. 38-431.03.A.7, AND A.R.S. 38- 431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; AND DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OF LEASE OF REAL PROPERTY; AND 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. L Regular Session Town Council 12/3/98 Page 8 of 9 Councilman Apps MOVED to go into Executive Session. Vice Mayor Poma SECONDED the motion, which CARRIED unanimously. Mayor Morgan recessed the Regular Session of the Town Council at 9:48 p.m. She Lereconvened the Regular Session at 10:13 p.m. AGENDA ITEM#18-ADJOURNMENT. Vice Mayor Poma MOVED adjourn the meeting. Councilman Apps SECONDED the motion, which CARRIED unanimously. The meeting adjourned at 10:14 p.m. TOWN OF FOUNTAIN HILLS B ' Ls'� aron Morgan,Mayor A LEST: ni1/144.4._ k Vti✓1.c.—/ Cassie B.Hansen,Town Clerk PREPARED BY: F`�- Linda D.Lemmen,Executive 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 3rd day of December, 1998. I further certify that the meeting was duly called and that a quorum was present. DATED this 17th day of December, 1998. Cassie B.Hansen,Town Clerk L Regular Session Town Council 12/3/98 Page 9 of 9