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HomeMy WebLinkAbout1992.1217.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 17, 1992 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m.,Thursday,December 17, 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 Councilwoman Tibbetts,roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Councilmembers Bill O'Brien,Peg Tibbetts,Wally Hudson,and Frank Clark. Vice Mayor Charlie Fox,Councilman Minarsich and Town Clerk Cassie Hansen were absent. Also present were Town Attorney Bill Farrell, Town Manager Paul Nordin, Town Engineer Randy Harrel, Community Development Director Gary Jeppson,Parks and Recreation Director Robin Goodman, and Administrative Assistant Marcia Jewett. Mayor Cutillo said there were no consent agenda items for this meeting. AGENDA ITEM#2 -MONTHLY REPORT BY MAGISTRATE SHOOB. Magistrate Shoob reported that a total of 173 cases were filed last month: 136 traffic cases, 169 terminated cases and 24 hearings or trials were held. The most significant item was that the outstanding accounts continue to drop and that amount represented the lowest amount since a year or more. The new bond envelope was handed out to the Councilmembers. The reasons for the new bond envelope were two fold: starting the first of the year all law enforcement agencies within the State would start issuing multiple offense citations. If someone were stopped and cited for speed,no insurance and expired registration, rather than issuing separate tickets only one ticket would be needed. On September 31 a new surcharge went into effect called the "head and spinal injury surcharge". This would provide a$2.00 surcharge on speeding tickets for every mile over 10 miles over the speed limit and go to a head and spinal injury pool for victims of those particular injuries in the State. It was difficult to enter a range for a speeding fine and each speed had to be calibrated. Several other penalties had gone up with other jurisdictions as with the general overall fines and fees that exist in the valley. Mayor Cutillo asked if the form was typical of the valley. Magistrate Shoob said it was statewide and had been tried in Tucson and Gilbert. It proved out and had been sent down from the Arizona Supreme Court to all law enforcement agencies to begin using the first of the year. AGENDA ITEM#3 -MANAGER'S REPORT #3.A.1. PROJECT UPDATE(WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION). PRESENTATION ON THE FLOOD PLAIN DELINEATION STUDY BY THE FLOOD CONTROL DISTRICT AND THEIR CONSULTANTS. Mr. Harrel introduced Mr. Jim Phipps,Public Information Officer for the County Flood Control District, Mr. Tim Murphy, Project Manager for the Flood Control District, Mr. Hal Marron, Project Manager for AGK Engineers who would be doing the south half of the study,Ms Sandy Story from the Flood Control District,and Mr. Tom Loomis from George V. Sabol & Associates whose firm would be doing the north half of the study. Minutes of the Regular Session of the Town Council 12/17/92 Page 1 of 8 Mr. Murphy presented two exhibits which showed the breakdown of two separate and distinct areas litv identified as the north study area and south study area. Two consultants had been selected and contracts signed last week and the studies had begun. The washes being studied in detail were approximately 15 linear miles in the south study and approximately 22 miles in the north study. Those washes were selected by Mr.Murphy,Mr.Han-el and the consultants as prime importance from the Town standpoint. The studies would last approximately one year at which time there would be a public meeting to review the results. During the course of the study,Mr.Murphy,Mr.Harrel and the consultants would work together to ensure that the study results and final product of the delineation portion and hydrology study were useful for the Town. Councilman Hudson asked if this study would include the integrity of the earthen dams. Mr. Murphy said they would not be looking at the structural integrity of the dams, they would only be looking at it from a hydrologic and hydraulic standpoint. He said that at the beginning of the study the public had been asked to come in to see where the study was being done and solicit any comments or problem areas. Councilman Hudson asked if there would be any land disturbance. Mr.Murphy said there would not be. Topographic mapping would be developed for most of the 16 square miles that were being studied. A question from the public was who would pay for this study and would the Town be liable to fix an area that would cause a flood. Mr.Murphy said the Flood Control District of Maricopa County would fund 100%,of which every property owner would pay a portion through their property taxes. The Town would not be liable and it would depend upon the type of problem that was identified, what kind of action would or would not be taken. The Town would not be immediately obligated to do anything. The purpose of the study was to identify those areas that would have some potential problems and control development so people knew to stay out of the problem areas where life would be threatened or transfer the problem from that area to another area. Ms Mary Petrov, El Pueblo Blvd., asked where the report would go after the study was finished. Mr.Murphy said after the study was completed,the results would be filed with the Town and the Town would use those for their own management purposes of the area and the Town in general. The results would also be forwarded to the Federal Emergency Management Agency(FEMA)which in turn would put them on"Flood Insurance Rate Maps"once the Federal Government accepted them. Ms Petrov asked what a lot of dangerous areas or future problems would do for the Town's insurance against future damage and would that enter into a money factor down the road for Fountain Hills in general and would something need to be done about it. Mr. Murphy said flood insurance was for individual property owners and not for municipalities,so the Town would not be obligated to get flood insurance. Mr.Harrel added the Town was the beneficiary of the study. The study had already provided contour mapping so that an engineering review could be done. It would also provide the amount of flow as well as the elevations of the floods and channels and provide background information needed to size culverts and how much channel was needed in the washes for the public works and what would be required of developers. It was asked from the public if another survey would extend onto the McDowell Indian Reservation or was there a complimentary survey on the Reservation or had that study already been done. Also did all the drainage through Fountain Hills go into the Verde River on the Indian Reservation and how would a complete study be done without extending it onto the Verde River. Mr. Murphy said the downstream limit was at the town limit and that would be a complete study for the Town. The Verde was not backing up into that area in terms of 100 year event. Mayor Cutillo said that once the study was done, it would be shared with the community. Mr. Harrel said the Flood Control District's letter announced the study was beginning and was sent to both of the adjoining Indian Tribes. Mr. Harrel said a public meeting was being held from 5:00 to 8:00 this evening and he invited everyone to stop by. Minutes of the Regular Session of the Town Council 12/17/92 Page 2 of 8 3.A.2. BEELINE HIGHWAY UPDATE. Mr. Nordin presented his monthly update regarding the Beeline Highway. A month ago the negotiations were ongoing with the Tribe in terms of issues relative to the specific construction in the southern portion of the Beeline Highway toward the Horn Road area between Shea Boulevard and McDowell Boulevard. The schedule that Mr. Cowen and Mr. Saxton shared with the community identified the 6/92 time frame as critical in terms of when they began to get the approvals from the Indian Tribe. The original schedule indicated the design work would begin in January. If negotiations could successfully be concluded with the Indian Tribe in January, the engineers would be able to meet the original schedule for the bid opening of April of 1994. At the Land Board Commission (the equivalent of the Town's Planning and Zoning Commission for the Salt River Pima Indian Tribe)meeting Monday night a detailed presentation was given to the Land Board on the draft agreement that had been worked out between the Tribal Indian Council staff, ADOT and the ADOT Engineers. They hoped to get the votes next Monday night. It would then go to the Tribal Council the second or third week in January. If that was successful,they would be on track for the April, 1994 schedule. The only obstacle would be the archeological findings that had been made. What might be required would be a shifting of the roadway,removal of the artifacts, taking them elsewhere or acquiring additional right-of-way to further shift the roadway. Discussion on that was ongoing. 3.B. DISCUSS AND POSSIBLY ACT UPON THE FOLLOWING: 3.B.1. SELECTION OF A CONSULTING FIRM TO DESIGN GOLDEN EAGLE PARK. Ms Goodman said the contract had been reviewed by the Town Attorney and outlined what the consultant would be doing. Nineteen firms had expressed an interest and the field had been narrowed to five firms. The selection committee recommended that Coe & Van Loo Consultants be awarded the contract. Mr. Nordin said the amount would not exceed$25,000,and that it was the next major step in the development of Golden Eagle Park. Councilman Hudson felt there were still possible problems with the insurance clause and an important element had been left out on page 7 which stated that all insurance coverage should be written through carriers possessing an AM Best rating of at least B+and wanted to know if they would need to be licensed in the State. The problem could come up where the Town would be liable for state premium taxes if insurance were written with a company which was not licensed in Arizona. He felt it should state "licensed in Arizona" or "on the approved list of non-admitted carriers in Arizona". The Department of Insurance annually puts out a list of insurance companies not licensed in the state with whom the Town would do business. Mr. Farrell stated that would not exempt the Town from the tax liability merely because of approval by the state. Councilman Hudson said when that type of insurance was written it would state on the invoice an add-on which would be 2% for casualty and 3% for property coverage. Mayor Cutillo asked Councilman Hudson what the premium might be if the Town were to pay the tax. Councilman Hudson said$3,000 or$4,000,depending on the errors and omissions insurance. Mr.Farrell said the insurance premium would result from the experience that company had and if a problem arose with Coe& Van Loo it would be presented to Council. The Council would be notified and the contract would be changed before it was executed if the carrier was currently not licensed or on the approved list with the State Insurance Department. The Town would need to know what the rating was and if there was any tax liability. Mayor Cutillo said that stipulation in the contract should be made in the motion. Councilman O'Brien asked why it was necessary on page 10 to put in Section 2 and Article 16. Mr.Farrell said in most of the consultant contracts some kind of provision or warranty had been requested stating that they had not unfairly solicited the contract. Mayor Cutillo stated that was a no bribe clause. Councilman Hudson MOVED to adopt the contract between the Town and the firm, Coe & Van Loo Consultants relative to Golden Eagle Park with the amendment to Article 10. SECONDED by Councilman Clark and CARRIED unanimously. Minutes of the Regular Session of the Town Council 12/17/92 Page 3 of 8 ftltw 3.B.2. APPOINTMENT OF A NEW YOUTH MEMBER TO THE PARKS AND RECREATION COMMISSION. Mr. Nordin recommended Mike Bachman be appointed to the position. He would be in the one year slot held by the youth member. Councilman Clark asked if Mike was a part of the Youth Council and if not, did he intend to become part of it. Mr.Nordin said the Mayor's Youth Council was not active at this point and it was hoped that since Mike Bachman was the Student Body President, he would be a catalyst to re- activate it. Mayor Cutillo explained the Mayor's Youth Council was not as active this year because of the High School situation and most of the Council was made up of seniors. Because all seniors were still downtown, the separation seemed to delineate the interest. Councilwoman Tibbetts MOVED to appoint Mike Bachman as the new youth member. SECONDED by Mayor Cutillo and CARRIED unanimously. 3.B.3. INTERGOVERNMENTAL AGREEMENT WITH THE LITTLE CAFE TO PROVIDE MEALS ON WHEELS SERVICE. Mr.Nordin said in the past the Town had a contract with the Scottsdale Life Care Center to provide Meals on Wheels service to the community. The Scottsdale Life Care Center had determined they could no longer provide service as of January 1, 1993. Ms Marti Lemieux obtained an agreement from the Little Cafe to perform that service. The contract was similar to what the Council approved for the Life Care Center in Scottsdale and approval was recommended so the service would continue. Councilman Hudson stated the same change would be needed in the contract relative to insurance. Councilwoman Tibbets said there was concern in the community regarding the increase in cost of those meals under the new contract and there were private and service organizations in Town who were dealing with the financial burden on some of the people who could not afford it. Mr.Nordin said the Town was legally providing some financial assistance that would not exceed$950 to help purchase equipment such as trays and food warmers and those items would remain under the ownership of the Town. Mayor Cutillo asked if there was any other interest from any other restaurant in Town. Mr.Nordin said Ms Lemieux contacted hospitals and restaurants in the area and none were interested. Councilman Clark wanted to thank the Town Manager for taking immediate action on the matter. Mayor Cutillo MOVED to accept the intergovernmental agreement with the Little Cafe to provide Meals on Wheels as written. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. From the public,Ms Petrov,El Pueblo Blvd.,asked for a brief review of what was done,how much it cost and did the contract run for a year or longer. Councilman Clark said the contract was for a year renewable. The group that made and coordinated the collection would want to, during that year, look for other alternatives but it had to be in place by January 1 in order to keep it going. Presently there were 17 people participating in the program and it was anticipated that would go to 21. The supplies the Town was helping with would take care of 21 people. The original price of$2.00 per meal or $10.00 a week had gone to $3.50. Some could barely afford the$2.00 so those people,plus some additional people,would not be able to afford $3.50. Appeals were being made to organizations in town to pick up some of the increased expense. Ms Petrov asked if the food would come from the Little Cafe and Councilman Clark said it would and the Town would act as the conduit. The motion CARRIED unanimously. 3.B.4. AWARDING THE LTAF(LOTTERY)MONIES FOR THE 92/93 FISCAL YEAR DISBURSEMENT. Mr.Nordin said only four applications were received requesting a total of$11,150 in funds. The Town had only$8,200 available. The recommendation for distribution was as follows: $400 to the Starlighters,$880 to the Historical Society, $750 to the Boy Scouts, and $6,170 to the Community Theater. Councilman Hudson asked who was involved. Mr. Nordin said the two were Karen Myers and Marti Lemieux. Councilman O'Brien wanted to know how the Town could afford to give someone$5,000 a year to pay the Lir Minutes of the Regular Session of the Town Council 12/17/92 Page 4 of 8 theater's rent but not contribute to a food program. Mayor Cutillo said they hadn't applied. Mr. Farrell said the organization probably would not have met the criteria. Mayor Cutillo said the public needed to know the Town was not giving the money because the Town wanted to, it was there to specifically give and that was the only way that money could be spent. Mr.Nordin said the Town did have that option but if the Town was to give it, there were certain guidelines the Town had to follow and those organizations met the criteria. Mayor Cutillo MOVED to accept to award the LTAF monies as requested. SECONDED by Councilwoman Tibbetts and CARRIED with four aye votes to one nay vote cast by Councilman O'Brien. 3.B.5. INITIATING THE REZONING OF FONTANA TO A NEW RUPD. Mr. Jeppson said there was a request to permit a porch cover in the Fontanas on one of the 4-plexes and staff had turned down that request because it did not meet the set back criteria established in 1970. The applicant stated that a number of other units had porches and they didn't understand why they were not allowed to and asked how it could be done. Mr. Jeppson said the only way it could be done was if that area were rezoned to allow the four-plexes to have a side yard set back that would extend from 14 feet out to 5 feet and therefore allow the porches that were now covered to continue to be covered through a building permit. He didn't know if the county granted the building permits or if the previous ones were built without permits. The request was for the Council to sponsor an initiation of rezoning that area and develop a new RUPD that would amend the side yard set back from 14 feet to 5 feet. The alternative would be for the Commission to sponsor the action or through a petitioning process of at least three fourths of the property owners. Councilwoman Tibbetts said there was no written staff recommendation on the issue and asked for recommendation from the staff. Mr. Jeppson had not prepared a staff report but it would allow not only porches to be built if granted but would also allow additions to be put on those units. Councilwoman Tibbetts asked if that was the only area where there were four-plexes which were a separate homeowners association or would the RUPD restrictions apply to the entire Fontana area. Mr.Jeppson said it was intended that if the Council would initiate the process, to only do the four-plex section from 14 to 5. Mr.Nordin said staff would not be opposed and that it would be an appropriate service to the residents for the Council to initiate the action to save the task of going through the 75% criteria routine. The appropriate issues would be examined as the process continued. When it came back to the Council any issues would be examined at that time. Mayor Cutillo said the request initially came from the Homeowners Association since a good portion of the structures already had the patio cover. Councilwoman Tibbetts asked if an RUPD would be limited to patio covers only and wouldn't that allow additional living space. That area would be the most densely developed of any in Fountain Hills and would cause problems with parking,etc. She would not be in favor of something that would intensify the living density but a porch cover would be fine. Mr.Jeppson said his understanding was to stipulate such as a porch or patio covering only for 14 to 5 feet in the RUPD process. Councilman O'Brien asked if the intent was to allow people who did not presently have covered porches to obtain use of their property as it existed but not to allow increased enclosed livable areas. Mayor Cutillo felt that would seem fair. Councilman Clark said it seemed any one could go before the Board of Adjustments and would have a good argument so why not do a blanket. If a number of the neighbors had it,how could it be denied to others. Mayor Cutillo said it could but questioned whether it would be reasonable and fair. He felt the Council could go through the rezoning process. Mayor Cutillo MOVED to initiate the rezoning of the Fontanas. SECONDED by Councilman Clark. Councilman Hudson asked if that only dealt with the four-plex area in the Fontanas and it was. Mayor Cutillo EXPANDED his motion to include the stipulation that it be for patio covers only. CARRIED unanimously. 3.B.6. DIRECTING STAFF WITH REGARDS TO THE TERM COMPLETION OF THREE BOARD OF ADJUSTMENT MEMBERS. Minutes of the Regular Session of the Town Council 12/17/92 Page 5 of 8 Mr.Nordin requested direction from the Council in how to proceed with the possible reappointment of the members. Mr.Jeppson said the first time it was advertised nobody applied. The applicants received a letter from the Planning and Zoning Commission and five people were willing to serve on the Board of Adjustment. The Council appointed them. When those initial one year terms were up it was advertised again and two applications came in and one was appointed. Councilman Clark asked if the Board had been canvased to determine how many would like to continue. Mr.Jeppson said one of the staff would contact them but currently the outcome was not known. Mayor Cutillo said he would prefer to advertise again to see if there was any other interest and ask the present board if they would want to continue, then take another look and make a decision. Mr. Nordin said that would be consistent with what had been done in the past. A motion was not needed. AGENDA ITEM#4. DISCUSS THE CURRENT DRAFT OF THE GENERAL PLAN. Mr. Jeppson presented an extensive transparency presentation on the General Plan. The Council received a copy of the Commissions recommendation. As a brief overview, the role and purpose of the General Plan was to make statements of the goals to government plan policies for the Town. The general distribution and location and the extent of land use in the general plan were being proposed. Those were the minimum requirements of the General Plan. Two elements were added in the contract: Parks and Recreation and Economic Development. The Commission had reviewed the consultants recommendations and the Commission had developed an overall statement for the Town that was to preserve,protect,utilize natural resources and pursue excellence and diversity in creating a community that provided opportunities to live, work,and play,characterized by its existence,clean air, serenity, and community spirit. The goals and objectives of the plan were included in the General Plan. Mr.Jeppson said there had been a request for some protection of the Sonoran Desert because people came to Fountain Hills to live, work and play. The public input the Commission received was that the natural Sonoran Desert was something that should be valued and it should be integrated to the man made environment with the natural environment and 411109 encourage compatibility of the mixed land uses to promote growth and continue the unique planning foundation from the last 20 years. Fountain Hills had limits in circulation and feedback received indicated the community should have transit or bike routes. After the economic development had been reviewed the Commission felt as though more work needed to be done since it was not essential for that to be in the General Plan and it was recommended not to adopt the elements now drafted. Mr. Jeppson said the land use ordinance served as the basis for land use development in Fountain Hills and the zoning orders were based on the General Plan. Ordinances and zoning map amendments would be in conformance to the General Plan. Conformance would be interpreted to mean that the General Plan and any ordinance would be in basic harmony. The land use element would be the focal element of the General Plan. The community had planned its commercial areas on the flatter areas of the Town and approximately 50%of the Town was now platted and 24% of the total land had been developed. For planning purposes, the population projected for the year 2012 was 31,505 which would mean about 28,880 year around residents and 26,025 seasonal residents. Councilman O'Brien asked what percentage of that would be projected build out population. Mr.Jeppson said it was originally thought the Town would build out in 20 years. That referred to present corporate boundaries and did not include areas of future annexation. Mr.Nordin asked if that number represented a total build out projection. Mr.Jeppson said no. Councilman O'Brien said total build out was supposed to be mid-40's and Mayor Cutillo said 40 to 45,000. Mr. Jeppson said the projections were prepared with an average household size of 2.1 and 2.53 persons. In that amount of time it was projected about 8,200 new houses would be built and the majority of those would be single family houses, attached housing at 329,and multi-family at 1,724 units. The majority of new growth projected in the Town with the Plan would be in residential, with 154 acres commercial and 23 acres for business. Mr. Jeppson said there was an excess of commercial zoned land relative to the projected need with approximately 500 acres of zoned property which wouldn't be needed. Mr.Jeppson said there were approximately 6,000 residential acres undeveloped. By the year 2012 there would be 3,361 of that developed. Minutes of the Regular Session of the Town Council 12/17/92 Page 6 of 8 The plan called to cluster more of the multi-family medium density development closer to a commercial or town center area to promote a diversity of the densities throughout the Town. The plat also called for locating the change 'to) of retail office uses in the Town center. There was a lot of public input concerning neighborhood commercial centers concentrating the development in the Town center area. There was a linkage of open space, the park system throughout the Town to bike paths or a trail system. There was also public input on environmental sensitivities. It was recommended that more restrictions be done on multi-family complexes to limit the amount of lighting, grading and drainage requirements, road right-of-ways in steeper terrain areas be narrowed, and many landmarks and specific areas be protected. Councilman Clark asked what reducing the right of way had to do with the slope. Mr. Jeppson said reducing the pavement width would restrict on-street parking,etc. He said there were 141 miles of paved streets which included the 15 miles of roads that were being paved. Ms Petrov, from the public, asked if there was a survey on the transportation issue. Mr. Jeppson said the survey was not out because the problem identification list was long and extensive and many issues needed to be looked at further before policies would be adopted. Currently the engineering procedures manual was being worked on. Ms Petrov asked if this was the final draft or current draft. Mr.Jeppson said it had gone beyond the Commission and it was now being reviewed by the Council. Mayor Cutillo said there would be a public hearing before the final draft of the General Plan. Mr.Jeppson then reviewed the Parks &Recreation section. Many problem areas were identified. The public had a lot of input and wanted the Town to assure that Fountain Park would always be Fountain Park. Councilwoman Tibbetts wanted to personally commend the staff and the P & Z Commission for the hundreds of hours spent in producing the document presented to the Council. Mayor Cutillo said all the work done was appreciated. He made the suggestion that a special meeting be set for a Saturday to review the General Plan. Councilman Clark said he had a problem with the Economic Development section. A lot of work needed to be done there and how soon would staff think that would get back to Council and should that be discussed in advance. Mayor Cutillo asked if the intent was to solve that particular part of the Plan prior to final approval or after. Mr. Jeppson said it was not the recommendation of the Planning and Zoning Commission to hold up adoption of the General Plan until that was done,but to adopt that later. Councilman O'Brien asked if the Commission would do more work on it before staff was ready to bring it back to Council. Mr. Jeppson said the staff did not want to in any way go in one direction without the Mayor's Committee on Development involved and wanted to coordinate with the Manager and the Council on how economic development would be planned in the community. Councilman O'Brien said since Planning and Zoning did not want to pass on it he felt that even though it was not in perfect form, his reaction would be to adopt it as is for now because this was a plan that could be amended. It would provide baseline information and could be amended at any time in the future. Councilwoman Tibbetts said the Chamber of Commerce had a report from a task force that had been studying the EDC which could assist in the completion of this section. She felt it important to go on with the bulk of the plan. She had no problem with postponing the completion of the EDC to satisfaction. Councilman Clark said he agreed with leaving it out at this point because he had some very serious problems with it. Mr.Nordin said holding the public hearing would give the Council more time to read the sections, receive public input and make a more informed determination of how to proceed. Councilman Hudson said it took him about 11-1/2 hours to go through the General Plan and he had about 30 sections he felt needed change. The way it was given to Councilmembers should not be the way it would be shown to the public but rather be one completed document. Mr.Jeppson said that staff would remove the redlines and strikeouts and put out a clean copy for public review. Councilman Hudson said there were some obvious errors or omissions in content that could be changed before it went to print. Councilman O'Brien recommended that this be the basis for the public document and rather than comparing three or four versions,compare after public input what the final recommendations would be. Mr. Nordin said another possibility in terms of a way to proceed would be for the Council to make all of the changes of substance prior to the public hearing. Mayor Cutillo said a clear cut picture before the public hearing would include statements and ideas of what the General Plan should be. Mr. Nordin Minutes of the Regular Session of the Town Council 12/17/92 Page 7 of 8 suggested that the public hearing should be held off until that time. Councilman Clark said there was a lot of public input in this already. Mayor Cutillo suggested picking one full day to sit down and go through the Plan. Councilwoman Tibbetts said she had made note of small technicalities,spelling and typos that could be handled with staff and cleared up before Council spent their time talking about the meat of the document. Mr. Nordin said the existing version would be cleaned up, presented to Council for its review and followed by a public hearing. Ms Petrov asked if the work study would be open to the public. Mayor Cutillo said it would. Mayor Cutillo set Saturday, January 9, 1993 beginning at 8:30 a.m. for the work study combined with a special meeting so a public hearing could be set on that same date. Mayor Cutillo asked for any more discussion on the General Plan. There was no response. AGENDA ITEM#5 - 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.) Mayor Cutillo made the call to the public. Mr. John Evancho, Jacklin Drive, asked if the cable TV people were done working on Jacklin and Indian Wells. Mr.Jeppson said they were in the stages of finishing up. Mr.Evancho said wires were sticking up with no box and that he wanted someone to get rid of it. Councilman Clark said he observed this week that boxes were being closed up and Mr.Evancho said according to the cable people it was supposed to be removed. Mr.Nordin said the Town would work with him on clearing up the problem. Mr. Evancho asked why the water company dug a hole 3 x 4 and threw the dirt back in after repairing the broken line. He said he was tired of picking pebbles up and having to sharpen his lawn mover. He called them and they told him they have an outside contractor and Mr. Evancho asked how long it would take to get it fixed. Mayor Cutillo said that problem had occurred before with the water company as well as SRP. He said what typically happened was that they would wait until they had enough to use a full load of patching to get it done at a cheaper rate. The Town had addressed the problem also. AGENDA ITEM#6. - ADJOURNMENT Mayor Cutillo made a MOTION to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 8:13 p.m. TOWN OF LS By: J . Cutillo, Mayor ATTEST: G. ,�, • )d,,,,0A,•_) PREPARED BY: r e.GQJ Cassie B. Hansen, Town Clerk Marcia M. Jewett, Ain. Assist. 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 17th day of December 1992. I further certify that the meeting was duly called and that a quorum was present. {�j l DATED this' �S* day of January 1993. C /3• / J-0,44AA—) Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 12/17/92 Page 8 of 8 J