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HomeMy WebLinkAbout1992.0604.TCRM.Minutes TOWN OF FOUNTAIN HILLS 100) MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 4, 1992 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, June 4, 1992, 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 Van Lanken 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 John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Frank Clark, Mike Minarsich, Charlie Fox, Wally Hudson, and Bill O'Brien. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, and Town Clerk Cassie Hansen. AGENDA ITEM #2 - SWEARING IN OF COUNCILMEMBERS FRANK CLARK, WALLY HUDSON AND PEG TIBBETTS TO THE FOUR YEAR TERMS THEY WERE ELECTED TO AT THE PRIMARY ELECTION HELD ON MARCH 24, 1992. Mayor Cutillo asked Judge Shoob to swear in the Councilmembers. The Judge commended the Council and thanked them. Judge Shoob swore in Councilmembers Frank Clark, Wally Hudson and Peg Tibbetts. AGENDA ITEM #3 - SELECTION OF MAYOR TO SERVE THE TWO YEAR TERM FROM JUNE 1992 TO JUNE 1994. THE COUNCIL SHALL SELECT THE MAYOR FROM AMONG THEIR NUMBER TO SERVE AT THE PLEASURE OF THE COUNCIL. Councilman Fox made a MOTION to nominate John Cutillo for Mayor for the next two- year term. SECONDED by Councilman Minarsich. Councilman Hudson made a MOTION to nominate Frank Clark. Councilman Clark made a MOTION to nominate Wally Hudson. Councilman Hudson made a MOTION to close the nominations. Mayor Cutillo called for a vote of those in favor on John Cutillo's nomination. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor Tibbetts aye Councilman O'Brien nay Councilman Hudson nay Councilman Clark nay Councilman Minarsich aye Councilman Fox aye The roll_ call vote results were four aye to three aye votes. Mayor Cutillo announced that he would remain as the Mayor for the next two years. AGENDA ITEM #4 - SELECTION OF VICE MAYOR. THE VICE MAYOR IS AN EIGHT MONTH ROTATING POSITION TO BE HELD BY EVERY COUNCILMEMBER. AVAILABLE FOR THE POSITION AT THIS TIME ARE COUNCILMEMBERS MIKE MINARSICH, CHARLIE FOX AND BILL O'BRIEN. Councilman Minarsich made a MOTION to nominate Councilman Fox to be the next Vice Mayor, followed by Councilman O'Brien then himself, to complete the rotation. SECONDED by Councilman Clark and CARRIED unanimously. Minutes of the Regular Session of the Town Council 06/04/92 Page 1 of 5 Mayor Cutillo stated that there was a consent agenda and that all items listed with an asterisk were considered to be routine, non-controversial matters and would be enacted by one motion and roll call vote of the Council. There would be no separate discussion of the items unless a Councilmember or member of the public so requested, in which event the item would be removed from the Consent Agenda and considered in its normal sequence on the agenda. Typical items on a consent agenda are special event requests and easement abandonments. All materials and prior approvals had been provided to and reviewed by the Council prior to the consent agenda vote. The consent agenda items were read by Mayor Cutillo and the Council acted on them. Councilman Hudson made a MOTION to approve as read. SECONDED by Councilman Minarsich and CARRIED unanimously. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Councilwoman Tibbetts aye Councilman O'Brien aye Councilman Hudson aye Councilman Clark aye Councilman Minarsich aye Vice Mayor Fox aye The roll call vote results were seven aye to zero nay votes. AGENDA ITEM #5 - ACCEPTANCE OF THE MEETING MINUTES OF MAY 21st. This item was a part of the consent agenda. Councilman Hudson made a MOTION to approve. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #6 - CONSIDERATION OF THE CHAMBER OF COMMERCE REQUEST FOR A SPECIAL EVENT LIQUOR LICENSE TO BE USED AT THE SUMMER SIZZLER, A COMBINATION AWARDS AND NEW BOARD MEMBER INDUCTION DINNER. THE EVENT IS SCHEDULED FOR JULY 11 FROM 6:00 P.M. UNTIL MIDNIGHT AND WILL BE HELD AT THE CHURCH OF THE ASCENSION. This item was a part of the consent agenda. Councilman Hudson made a MOTION to approve. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1992-14, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE SOUTH LOT LINE OF LOT 10, BLOCK 12, OF PLAT 204 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 10, RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE WEST TWENTY FEET OF SAID EASEMENT. This item was a part of the consent agenda. Councilman Hudson made a MOTION to approve. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #8 - REPORT ON THE MAY 27TH MARICOPA ASSOCIATION OF GOVERNMENTS AND THE LANDFILL SITING COMMITTEE MEETINGS. Mayor Cutillo stated that most of the discussion was on the freeway situation. He said a Maricopa County public opinion pole had been conducted and would be released June 15. Mayor Cutillo stated the number one public concern was public transportation, then local streets. Mayor Cutillo said that he had a copy of the toll road proposal available to look at. Minutes of the Regular Session of the Town Council 06/04/92 Page 2 of 5 AGENDA ITEM #9 - MONTHLY REPORT BY MAGISTRATE STUART SHOOS. Magistrate Shoob stated the collections and case load had increased a lot. AGENDA ITEM #10 - TOWN MANAGER'S REPORT. #10.A.2. PROJECT UPDATE; Introduction of Joni Roessler, intern to the Parks and Recreation Department. Mr. Nordin took item two before one so that Ms. Roessler could leave. Mr. Nordin introduced Joni Roessler who was to intern with the Parks and Recreation Department for two months. #10.A.1. PROJECT UPDATE (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) ; Discussion and consideration of a citizen petition concerning noise. Mr. Nordin introduced Ms. Henry who stated she had a petition signed by forty-three citizens concerning early morning noise from construction sites. Ms. Henry read the petition to the Council, which requested Ordinance changes to include a ban on loud early morning noise and construction crews prohibited on site before 6:00 a.m. She also expressed concerns over the foul language that was used. Mr. Roberts read a statement written by Mr. Henry. Mr. Von Ruttenbach stated he had a similar situation with construction sites around his residence. Mayor Cutillo asked staff for recommendations, Mr. Farrell stated there could be Ordinances prepared, standards could be set and fines could be suggested. He said enforcement was a problem, and it was a slow process. Councilman Minarsich asked if the Contractor's Association had been contacted. Mr. Jeppson said they had been and were trying to cooperate. Councilman Clark stated he felt there should be a morning starting time also. Mr. Farrell said a limit on starting time would be the most easily enforced. Councilwoman Tibbetts said that prospective homeowners should write into their construction contract whatever stipulations they wanted. Councilman Minarsich stated he would like the Town's reputation to be that of a strict enforcement area. Vice Mayor Fox stated that the Sheriff's office might be able to help in the area of *110 enforcement for a short time because the Marshal's Department was part time. Captain Speck with the Sheriff's office suggested that the notice of the noise ordinance be posted along with the building permit. He said that enforcement of State Statute was difficult and usually they would just issue a warning. Captain Speck stated that if they were called back to the site the next day and the same persons were violating again, a complaint could be filed. He added that another problem was presented because the complainants who would have to go to court would be the neighbors that have to live next door. Mayor Cutillo stated that he did not agree with the banning of generators, as there were certain areas of construction that needed them. Mr. Nordin asked the Council for direction. Councilman Hudson stated that he agreed that something needed to be done to help the citizenry with the situation. Mr. Lichay asked why the Council could not pass an Ordinance and the Council stated they had directed staff to create an Ordinance. #10.A.3. Consideration of the contract with Thomas-Hartiq for materials testing and supplemental inspection. Mr. Nordin referred to Mr. Harrel's memo and stated staff requested Council's approval of a contract not to exceed $59,000. He said Mr. Farrell approved the paperwork. Councilman Minarsich made a MOTION to accept Engineering Contract number 91-006 in an amount not to exceed $59, 000. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. #10.A.4. Consideration of a traffic light at the corner of Fountain Hills and Palisades Boulevards. Mr. Nordin asked Mr. Harrel to give a brief description of the situation. Mr. Harrel said that many traffic studies were done of the intersection. He stated that the intersection met four of the eleven warrants Minutes of the Regular Session of the Town Council 06/04/92 Page 3 of 5 in the Manual of Uniform Traffic Control Devices. Mr. Harrel said that only one Le of the eleven warrants needed to be met in order to qualify. He added that there were some pros and cons to the report and he had safety concerns. Mr. Harrel stated that staff did request approval to begin the design process for the signal. Councilman O'Brien asked if there was a way to figure the increase in accidents that it would cause. Mr. Harrel stated that there was no way to figure it. Councilman Clark asked what the M.U.T.C. was and what was meant by "so many warrants." Mr. Harrel stated that the M.U.T.C. was a manual published by the Federal Highway Administration and it covered signs, striping, and traffic signals. He explained that it contained eleven conditions that if even one of them was met, there would be substantiation to install a traffic signal. Councilman Minarsich stated that he had concerns with the new high school opening and the new commercial center on the corner. He said that there would be a marked increase in pedestrian traffic. Councilman Minarsich stated that the process should be started soon, as it would probably take two to three years for the Federal funding to go through. Councilman Clark asked if the procedures were the same in using local funds or Federal aid funds. Mr. Harrel said they were different and a lot more paperwork was involved with the Federal money. Councilman Clark stated that the Town should begin with applying for the Federal funds and use local funding if necessary. Councilman Minarsich asked how much of the estimated $100,000 traffic light design and installation would be funded with Federal monies. Mr. Harrel stated the design and right-of-way acquisition costs would not be covered by the Federal money and that would amount to $10- 15,000. He added that the Federal funds would cover approximately ninety-two percent of the project. Councilman O'Brien asked what the shortest period would be to complete the project. Mr. Harrel stated that it would take a minimum of nine months. Councilman Minarsich said he wanted crossing guards at that intersection in the morning and when the high school let out in the afternoons. He recommended the use of crossing guard until Federal money was obtained for the project. Mayor Cutillo and Councilman O'Brien agreed with the idea. The Council advised staff to proceed. #10.A.5. Discussion of Council review of the revised Zoning Ordinance and selecting a date for the Planning and Zoning Commission to formally present said document to the Council. Mr. Nordin said that the Planning and Zoning Commission had completed their revision of the Planning and Zoning Ordinance. He stated they wanted to set a date to make their presentation to the Council. Mayor Cutillo suggested it be presented at the next work study session of the Council. #10.A.6. Consideration of retaining Cronstrom & Trbovich as auditors for the Town of Fountain Hills for the FY 91/92 in the amount of $6,250. Mr. Nordin stated that staff recommended the approval of the request in an amount not to exceed $6,250. Councilman Minarsich made a MOTION as stated. SECONDED by Councilwoman Tibbetts. Councilman O'Brien asked why the Town had to pay a firm over six thousand dollars if it was not guaranteed. Mr. Farrell stated what was not guaranteed was the internal operation of the Town. He said that another reason it was done was that it was required by State Statute. The motion CARRIED unanimously. AGENDA ITEM #11 - CALL TO THE PUBLIC. Mayor Cutillo made the call to the public. Ms. Petrov asked why the Fountain Hills and Palisades Boulevard stop light had not been installed before now. Mr. Nordin stated that the warrants had not been met before. AGENDA ITEM #12 - ADJOURNMENT. Councilman Minarsich made a MOTION to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 8:13 p.m. Minutes of the Regular Session of the Town Council 06/04/92 Page 4 of 5 TOWN OF $'OUNTAIN 71SBy: 'John,M. Cutil'lo, Mayor ATTEST: CryJU- '� Cassie . HC/� n, Town Clerk PREPARED BY• • • Lari L. Bra cher, 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 4th day of June 1992. I further certify that the meeting was duly called and that a quorum was present. DATED this I cc'1-'te•- day of June 1992. b CA-AA - Cassie B. Hansen, Town Clerk Nei) Minutes of the Regular Session of the Town Council 06/04/92 Nioj Page 5 of 5