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Home My WebLink About1991.1017.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 17, 1991 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor John Cutillo at 6:30 p.m. , Thursday, October 17, 1991 , in the Fountain Hills Town Hall, located at 16836 E. Palisades Blvd. , Building C, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Reverend Scott VonLanken, First Assembly of God Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Frank Clark and Councilmembers Peg Tibbetts, Mike Minarsich, Charlie Fox, Wally Hudson and Bill O'Brien. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Community Development Gary Jepppson, and Town Clerk Cassie Hansen. AGENDA ITEM #2 - ACCEPTANCE OF THE MEETING MINUTES OF OCTOBER 1ST AND 3RD, 1991 411, Councilman Hudson made the MOTION. SECONDED by Councilwoman Tibbetts. CARRIED unanimously. AGENDA ITEM #3 - REPORT BY DAN FOSTER ON THE VISIONING PROCESS WORKSHOP Vice Mayor Clark said that Mr. Dan Foster requested that this topic be postponed until the next meeting. AGENDA ITEM #4 - REPORT BY COUNCILMAN HUDSON ON THE ARIZONA ILLEGAL DUMPING FORUM Councilman Hudson said that he had attended the all day forum on October 8. The forum was sponsored by Salt River Project, Waste Management, Inc. , Arizona Crushers, Inc. , Stone Container, Inc. and Kosnell Builders. Councilman Hudson said that the coordinators were officials from Maricopa County, the State Attorney General 's office, the Arizona Land Department, and people from Arizona Clean and Beautiful Corporation. Mr. Grant Woods had explained how illegal dumping affected everyone and that voluntary compliance should be stressed. He stated that the State would work with anyone requesting their assistance. Mr. Woods had said that an active recycling program should be initiated in each town. Ms. Rita Pearson, the Executive Assistant to the Governor, spoke next and emphasized that Arizona needed stronger laws than it currently had on this Lir Minutes of the Regular. Session of the Town Council 10/17/91 Page 1 of 5 problem. She stated that there were ninety-three legal landfills in Arizona and thirty-eight legal transfer. stations. Councilman Hudson said that there was a panel , consisting of people from various states, and gave a synopsis of what each panel member had said. AGENDA ITEM #5 - TOWN MANAGER'S REPORT 9P5.A.1 . Project Update (with possible direction from the Council for appropriate action) Beeline Highway update. Mr. Nordin gave an update on the two projects, the improvements to the intersection of Beeline and Shea Boulevard and the widening of Beeline Highway. Mr. Nordin said that the firm of Hendrick and Eberhart had submitted a sixty-percent plan to A.D.O.T. and they had not had any problem with the plan. He added that it was moving along well although there was no schedule on the plan. Mr. Nordin said that the widening project was in phase of the engineering work and was due to be completed the end of January. Mr. Harrel said that the work to be done on the Beeline Highway, north of Shea Boulevard, would start soon. ik5.A.2. Project Update, Five year plan update. Mr. Nordin said that some of the sections were progressing well and he felt that the review meetings would probably start in December. Councilman Fox suggested that the staff publish a general time line detailing what would be covered so that the public could attend meetings that they were interested in. #5.B.1 . , 2 . , 3. Discuss and possibly act upon the following: 1. MCO's special event request for a concert in the park. 2. Fountain Bowl 's request for a special event liquor license. 3. Big Daddy's request for an extension of premise permit . Mr. Nordin requested that the three items be reviewed together. Mayor Cutillo made a MOTION to approve. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM #6 - RESOLUTION 1991-44, AMENDING THE TOWN EMPLOYEES RETIREMENT PROGRAM BY EXPANDING ELIGIBILITY TO ALL MEMBERS AND DECLARING AN EMERGENCY. Councilman Minarsich made the MOTION. SECONDED by Councilwoman Tibbetts. The emergency clause necessitated a roll call. vote which required an affirmative vote of six members of the Council . Mayor Cutillo made a call to the public. Mrs. Mary Petroff asked what the Resolution was about and Mr. Farrell responded that the Internal Revenue Service and the Social Security Administration changed a requirement for public service employees. He explained that if the employees were not in a qualified pension plan, then the wages were subject to Social Security. He explained that Fountain Hills' full time employees were eligible for the retirement plan but for new employees, there was a six month probationary period. Councilman Minarsich interjected that the Council had work study sessions on Tuesdays prior to the regular sessions where agenda topics were discussed at length. Mrs. Doris Dugger thanked him for the explanation. Minutes of the Regular Session of the Town Council 10/17/91 Page 2 of 5 Mayor Cutillo called for a roll call vote and the results of the roil call vote were as follows: Councilwoman Tihhetts aye Mayor Cutillo aye Councilman Hudson aye Councilman Fox aye Councilman O'Brien aye Councilman Minarsich aye Vice Mayor Clark aye AGENDA ITEM #7 - RESOLUTTON 1991-45, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE ARIZONA SUPREME COURT FOR FUNDS TO UNDERTAKE A "JUDICIAL ENFORCEMENT UNIT" PROGRAM TN THE TOWN OF FOUNTAIN HILLS MAGISTRATE COURT, TOWN OF FOUNTAIN HILLS, STATE OF ARIZONA; AUTHORIZING AND DIRECTING THE TOWN MAGISTRATE AND TOWN MARSHAL TO EXECUTE ALL DOCUMENTS TN CONNECTION THEREWITH. Councilman Hudson made the MOTION. SECONDED by Councilwoman Tihhetts. CARRIED unanimously. - AGENDA TTEM #8 - RESOLUTION 1991-46, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST TT HAS TN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT AFFECTING ALONG THE EASTERLY LOT LINE OF LOT 4, BLOCK 3, OF PLAT 204 FOUNTAIN HILLS, ARIZONA, AS RECORDED TN BOOK 142 OF MAPS, PAGE 10, RECORDS OF MARTCOPA COUNTY, ARTZONA. Vice Mayor Clark made the MOTION. SECONDED by Councilwoman Tihhetts. CARRIED unanimously. • AGENDA ITEM #9 - RESOLUTTON 1991-47, ADOPTING THE MAC 1.991 PARTTCUI.ATE PLAN FOR PM-10 FOR THE MARTCOPA COUNTY AREA AND COMMITTING TO CERTAIN IMPLEMENTATION PROGRAMS. Mr. Nordin stated that the Council had a change in their packets regarding MAC, measure number fourteen, regarding the revocation of the zoning designations. Mr. Nordin said that staff recommended approval with the change. Councilman Minarsich made the MOTION to adopt Resolution 1991-47 as presented. SECONDED by Vice Mayor Clark. CARRIED unanimously. AGENDA ITEM #10 - ORDINANCE 91-17, AMENDING THE FOiJNTATN HILLS CODE BY ADDING THERETO A NEW CHAPTER 16 ENTTTLED STREETS AND SIDEWALKS, AND PROVIDING FOR ENCROACHMENT PERMTTS FOR PUBLIC STREETS, RIGHTS-OF-WAY AND WATER COURSES. Vice Mayor Clark stated that he had a concern regarding the escalation of fees and. requested that someone assemble a fee list on a typically priced home for Fountain Hills. He asked that the same list be provided by Scottsdale, for the same priced dwelling, for comparison sake. Councilman Minarsich requested that Minutes of the Regular Session of the Town Council 10/17/91 Page 3 of 5 '441) subsection E, page 4 of the proposed ordinance be changed to exempt duplexes. Councilwoman Tibbetts made a MOTION to amend Ordinance 91-17, to include the duplex addition to stay consistent . SECONDED by Councilman Minarsich. Mrs. Millie Mathews stated that she felt the Ordinance was not good and opened a can of worms. She said that she had a personal situation with her neighbor and the town, regarding a public utility easement. Mayor Cutillo stated that he felt this was not pertinent to the proposed ordinance. Mr. Farrell stated that the Mathews ' situation was very different than the general case and he detailed the situation and explained the procedures to request a permit. Mr. Farrell explained that there was a sanitary district line in the easement and the district had requested that access remain open. Mayor Cutillo stated that what they were discussing appeared to be a court case and said that the discussion should nor be raking place. Mayor. Cutillo made a MOTION to TABLE the motion for further information. SECONDED by Councilman O'Brien. CARRIED six to one, Councilman Fox voted nay. AGENDA ITEM iF11. - PURSUANT TO A.R.S. 38-431 .03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR DTSCUSSTON OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY TN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSTTTON TN PENDING OR CONTEMPLATED LITIGATION. Vice President Clark made a MOTION to go into executive session. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #12 - CALL TO THE PUBLIC. Ms. Mary Petrov asked about the request that Vice Mayor Clark made for the comparative construction permit costs between the Town of Fountain Hills and Scottsdale and what it would include. The Council adjourned to Executive Session at 7:25 p.m. AGENDA ITEM 41.3 - GO INTO EXECUTTVF SESSION/'RETURN TO REGULAR SESSION AND A D.TOURNME NT. inc Council returned ro regular session at 8:45 p.m. Councilman Minarsich made a MOTION to adjourn. SECONDED by Councilman Fox and CARRIED unanimously. The Town Council adjourned at approximately 8:46 p.m. Minutes of the Regular Session of the Town Council 10/17/914401111) Page 4 of 3 • TOWN OF FOUNTAIN HILLS By: L-- J n i. Cutilio, Mayor ATTEST: eAL41..4...4-,..— 6 • IsLx4.4.AJ Cassie B. Hansen, Town Clerk br `� "c lifidtPRrPARE7 nr: Lari L. B tcher, Secretary CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills on the 17rh day of October 1991 . i further certify that the meeting was duly called and that a quorum was present. DATED this -1 day of November 1991 . a a�.« 6. ILA/L.3 Cassie B. Hansen, Town Clerk Lie Minutes of the Regular Session of the Town Council 10/17/91 Page 5 of 5 j