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HomeMy WebLinkAbout1993.0520.TCREM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 20, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:32 p.m., Thursday, May 20, 1993, 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, Vice Mayor Bill O'Brien and Councilmembers Charlie Fox, Peg Tibbetts, Wally Hudson, and Frank Clark. Councilmen Mike Minarsich was absent due to a family medical emergency. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Administrative Assistant Marcia Jewett. Mayor Cutillo called for a five (5) minute recess at 6:33 p.m. The Town Council meeting reconvened at 6:40 p.m. Mayor Cutillo read the consent agenda items which included: AGENDA ITEM #2. - ACCEPTANCE OF THE MEETING MINUTES OF MAY 4TH AND 6TH 1993 AGENDA ITEM #3. - CONSIDERATION OF EXTENSION OF PREMISE PERMIT APPLICATION SUBMITTED BY GLORIA ODEKIRKFOR THE ALAMO ON SATURDAY, MAY 29,1993 AND SUNDAY, JULY 4,1993. THE MAY 29TH REQUEST IS FOR THE ALAMO OPEN GOLF TOURNAMENT WHICH IS TO RAISE MONEY FOR THE JULY 4TH FIREWORKS. THE JULY 4TH REQUEST IS TO WATCH THE FIREWORKS FROM THE ENCLOSED BACK YARD. AGENDA ITEM #4. - CONSIDERATION OF THE SPECIAL EVENT REQUEST FROM THE CHAMBER OF COMMERCE FOR A JULY 4TH FIREWORKS DISPLAY IN FOUNTAIN PARK ON JULY 4, 1993 FROM 7:00 P.M. TO 11:00 P.M. TO ENSURE PUBLIC SAFETY, SAGUARO BLVD. WILL BE CLOSED AT 6:00 P.M. PANORAMA WILL ALSO BE CLOSED AT SAGUARO AND EL LAGO EXCEPT TO LOCAL TRAFFIC. AGENDA ITEM #5. - CONSIDERATION OF MCO PROPERTIES' REQUEST TO CHANGE THE STREET NAME OF MESTIZO PLACE TO AZTEC PLACE. Mayor Cutillo MOVED approval of the consent agenda. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor O'Brien aye Councilman Hudson aye Councilman Fox aye Councilman Clark aye Councilwoman Tibbetts aye The roll call votes were six aye to zero nay votes. Minutes of the Regular and Executive Session of the Town Council 05/20/93 Page 1 of 4 AGENDA ITEM #6. - PRESENTATION OF PLAQUE TO BOB TRAVERS OF THE MARSHAL'S DEPARTMENT COMMEMORATING HIS GRADUATION FROM THE ACADEMY. Mayor Cutillo presented a plaque to Bob Travers in recognition of his graduation from Mesa Community College. AGENDA ITEM #7. - CONSIDERATION OF AWARDING THE BID FOR GOLDEN EAGLE PARK PHASE I IMPROVEMENTS. Mr. Nordin said bids had been received, it was recommended that Council approve the bid to E. D. Smith Paving, Inc. for the amount of $244,923. Staff requested authorization to go ahead with Alternate 4A and 8. Both alternates involved the removal and possible replacement of trees and cactus that would be displaced in the scraping and dirt work required. Although more than originally planned, staff felt the additional expenses were worth the cost and would allow for the project to go forward. Councilman Fox MOVED to accept the bid of E. D. Smith Paving, Inc. for the base of $244,923 along with Alternate 4A for $18,038 and Alternate 8 for $29,009. SECONDED by Councilman Clark. Mayor Cutillo said, to be conservation minded, $47,000 would be spent. Mr. Steve Arthur, Archon, Inc., stated he was the second bidder. He said the base bid included 1-37 bid items and eight (8) alternate bid items. Ed Smith, the low bidder, did not include unit prices on his base bid items, but instead bid it as a lump stun number. He did not fill out his bid schedule as was normal practice. Mr. Arthur was protesting the award. He asked the Council if they intended to award future projects on a lump stun basis and disregard the bid schedule. Mr. Arthur said Mr. Smith was the only bidder to disregard the standard practice of following the standard bid schedule and bid the job lump sum. Mr. Nordin said the bid schedule clearly allowed for a lump sum submittal which Mr. Smith chose to utilize. The Town Attorney had been consulted in regard to the bid by E. D. Smith. The bid was proper, it was according to the bid schedule and Mr. Nordin recommended approval. MOTION passed unanimously. AGENDA ITEM #8. - CONSIDERATION OF AUTHORIZING A $7,000 MATCHING FUND EXPENDITURE TO THE GOVERNOR'S OFFICE OF DRUG POLICY. THE MATCHING FUND EXPENDITURE WOULD AVAIL THE TOWN OF A GRANT FOR DRUG AWARENESS AND EDUCATION. Mr. Nordin said the local drug awareness group had approached staff and requested the grant be submitted. Parks and Recreation Director Robin Goodman, said the total grant request was $16, 240. The Town of Fountain Hills would match $7,000; the remaining $1,120 would be matched by the Alliance itself. Mayor Cutillo expressed a concern of finding a person for this position who would work for $16,000 a year. Ms Goodman said she had contacted other communities with similar positions and $12.00 an hour, on a contract basis (15 hours a week), with no benefits was done elsewhere. The best person for the position would be someone from within the community. Councilwoman Tibbetts asked how this would coordinate with the schools drug programs. Ms Goodman said there would be collaborations throughout the year with the focus on high schools, working with counselors, teachers, adult education and the youth leadership program. Mayor Cutillo MOVED to approve the Governor's Office of Drug Policy grant in the amount of $16, 240 which included a $7,000 match from the Town. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM #9. - CONSIDERATION OF ORDINANCE 93-09 AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 12 TRAFFIC, BY ADDING A NEW ARTICLE 4 PRIVATE PARKING, CONSISTING OF SECTIONS 12-4-1 THROUGH 12-4-6 REGULATING PRIVATE PARKING. Minutes of the Regular and Executive Session of the Town Council 05/20/93 Page 2 of 4 , Because Marshal Gendler was unable to attend the meeting, Mr. Nordin explained that the ordinance dealt with parking on private property, specifically in parking lots. The Town Marshal had received complaints from business owners regarding vehicles parked in lots but not patronizing their stores. The Marshal and Town Attorney drafted an ordinance to provide the property owners the ability to post their property. If violations occurred, they could call for a tow, and the tow would be at the car owners expense. Staff recommended approval of this ordinance. Councilman Hudson asked what the procedure would be to place signs on the property. Mr. Nordin said the signs would be made at the owners expense and would meet certain standards. Councilwoman Tibbetts asked if this was an enforcement of the Town ordinance, shouldn't the Town Marshal's telephone number be on the sign. Mr. Farrell said the ordinance called for both the telephone number of the Marshal's Department and the Maricopa County Sheriff. Ms Hansen clarified if the Sheriff's department was notified the car owner would not think the car had been stolen. Vice Mayor O'Brien asked if the maximum $75.00 cost was a practical amount. If the towing company incurred a larger expense or if the vehicle wasn't picked up for several days who would absorb the additional costs. Mr. Farrell said the ordinance limited the amount the towing company could charge. Councilman Clark MOVED approval of Ordinance 93-09. SECONDED by Mayor Cutillo and CARRIED unanimously. AGENDA ITEM #10. - CONSIDERATION OF APPROVING THE TOWN'S PARTICIPATION IN THE HIGH SCHOOL'S JOB FAIR BY BUDGETING $2,600 (500 HOURS) TO EMPLOY 2 HIGH SCHOOL STUDENTS FOR THE SUMMER. SUCCESSFUL APPLICANTS WOULD PROVIDE PART-TIME DATA ENTRY SERVICES FOR THE TOWN MARSHAL'S DEPARTMENT AND WORK ON A MAJOR FILING/RECORDS PROJECT FOR THE COMMUNITY DEVELOPMENT DEPARTMENT. Mr. Nordin said Shirley Allsbrooks asked the Town to participate in a job fair and consider summer employment for high school students. He reviewed it with Ms Hansen and Mr. Jeppson and it was concurred this would provide meaningful employment to two (2) local youngsters and recommended approval from the Council. Mayor Cutillo MOVED to accept approval of the high school jobs fair for the budgeting amount of $2,600. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #11. - CONSIDERATION OF THE PROGRAM OF WORK FOR THE 93/94 FY AS PREPARED BY THE TOWN MANAGER. Mr. Nordin said staff was asking for approval of Attachment B with the changes indicated and requested Council direction on the item relative to Palisades Boulevard. Councilman Fox MOVED to accept the program of work as presented in Attachment B with the appropriate addendum provided on May 17, 1993 replacing page 5 of 5. SECONDED by Councilman Hudson. Councilman Clark stated that he wanted to AMEND the motion to include items 1 and 2 on the May 19 memorandum which discussed the Town Center. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. Councilman Clark MOVED to include taking a position on Palisades Boulevard prior to deciding on Fountain Hills Boulevard. Councilwoman Tibbetts said she felt the necessary information and background was not available to make that determination. The development of that road, which was MCO's responsibility, was not defined clearly. Councilman Clark clarified that the Council should first define the expectations for Palisades prior to making a decision concerning the improvement and timing of the improvements for Fountain Hills Boulevard. Mayor Cutillo felt it was too early to put that on a program of work until more was learned of the project. Councilman Clark suggested a statement be made by staff, based on engineering knowledge and projected travel expectations for that area, as to what usage demands would be at build out. Mayor Cutillo felt the demand for Fountain Hills Boulevard would be a four -lane road regardless of what was done with Palisades. Mayor Cutillo clarified the Amendment would include the Palisades Boulevard determination. SECONDED by Vice Mayor O'Brien. The amended motion FAILED with four nay votes to two aye votes. Mayor Cutillo called for a vote on the original motion. Motion CARRIED unanimously. Minutes of the Regular and Executive Session of the Town Council 05/20/93 Page 3 of 4 AGENDA ITEM #12. - 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. Councilman Hudson said he received information on the Tort Reform Bill and that the Arizona Trial Lawyers Association had hired a firm from California to collect signatures to hold the Bill until the 1994 election. He encouraged Councilmembers and members of the public not to sign this Bill. AGENDA ITEM #13. - PURSUANT TO A.R.S. 38-431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION FOR 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 OR LEASE OF REAL PROPERTY. Councilman Hudson MOVED to go into the Executive Session. SECONDED by Vice Mayor O'Brien and CARRIED unanimously. The Council recessed the Regular Session at 7:23 p.m. and went into the Executive Session at 7:26 p.m. AGENDA ITEM #14. - RETURN TO REGULAR SESSION. The Council returned to Regular Session at 8:58 p.m. AGENDA ITEM #15. - ADJOURNMENT. Councilwoman Tibbetts MOVED to adjourn. SECONDED by Mayor Cutillo and CARRIED unanimously. The Town Council adjourned at approximately 8:58 p.m. ATTEST: Cassie B. Hansen, Town Clerk PREPARED BY: �1 �Z���� Marcia M. Jewett, Admin. As ist. CERTIFICATION TOWN OF FO AIN H/ILLS By: Jo�. utillo, Mayor I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Session Meeting held by the Town Council of Fountain Hills on the 20th day of May 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this 3 l IK day of June 1993. I "-�A- J6- )14-A� - Cassie B. Hansen, Town Clerk Minutes of the Regular and Executive Session of the Town Council 05/20/93 Page 4 of 4 , +j