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HomeMy WebLinkAbout1993.0805.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 5, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, August 5, 1993, in the Fountain Hills Town Hall Council Chambers, 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 Peg Tibbetts, Wally Hudson, Don Lawrence, and Frank Clark. Councilman Minarsich was absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Administrative Assistant Marcia Jewett. Mayor Cutillo read the consent agenda items which included: AGENDA ITEM #2. - ACCEPTANCE OF THE MEETING MINUTES OF JULY 6 AND 8, 1993 AGENDA ITEM #3. - CONSIDERATION OF RESOLUTION 1993-25, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT LOCATED ALONG THE REAR LOT LINE OF LOT 20, BLOCK 13, OF PLAT 107 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 141 OF MAPS, PAGE 18, RECORDS OF MARICOPA COUNTY, ARIZONA; AND DECLARING AN EMERGENCY. AGENDA ITEM #4. - CONSIDERATION OF RESOLUTION 1993-26, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT LOCATED ALONG THE REAR LOT LINE OF LOT 13, BLOCK 4, OF PLAT 505-A FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 40, RECORDS OF MARICOPA COUNTY, ARIZONA, AGENDA ITEM #5. - CONSIDERATION OF THE FINAL PLAT FOR MIRAGE CONDOMINIUMS H; A REPLAT OF LOT 23, BLOCK 5, FOUNTAIN HILLS ARIZONA FINAL PLAT NO 111 (CASE S93-07) AGENDA ITEM #6. - CONSIDERATION OF THE FINAL PLAT FOR MIRAGE CONDOMP411UMS III• A REPLAT OF LOT 26, BLOCK 5, FOUNTAIN HILLS ARIZONA FINAL PLAT NO 111 (CASE S93-08) AGENDA ITEM #7. - CONSIDERATION OF THE FINAL PLAT FOR MIRAGE CONDOMINIUMS IV; A REPLAT OF LOT 7, BLOCK 4, FOUNTAIN HILLS ARIZONA FINAL PLAT NO 111 (CASE S93-09) AGENDA ITEM #8. - CONSIDERATION OF THE FINAL PLAT FOR MIRAGE CONDOMINIUMS V; A REPLAT OF LOT 22, BLOCK 9, FOUNTAIN HILLS ARIZONA FINAL PLAT NO 104 (CASE S93-10) Minutes of the Regular Session of the Town Council 08/05/93 Page 1 of 5 , AGENDA ITEM #9. - CONSIDERATION OF THE FINAL PLAT FOR MIRAGE CONDOMINIUMS VI; A REPLAT OF LOT 31, BLOCK 5, FOUNTAIN HILLS ARIZONA FINAL PLAT NO III (CASE S93-11). AGENDA ITEM #10. - CONSIDERATION OF THE FINAL PLAT FOR MIRAGE CONDOMINIUMS VII; A REPLAT OF LOT 2, BLOCK 6. FOUNTAIN HILLS ARIZONA FINAL PLAT NO 104 (CASE S93-12). AGENDA ITEM #11. - CONSIDERATION OF THE FINAL PLAT FOR MIRAGE CONDOMINIUMS VIII; A REPLAT OF LOT 15, BLOCK 4, FOUNTAIN HILLS ARIZONA FINAL PLAT NO III (CASE S93-13). Mayor Cutillo asked for a motion to approve the consent agenda. Councilman Hudson MOVED approval. SECONDED by Councilman Lawrence 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 Clark aye Councilwoman Tibbetts aye Councilman Lawrence aye The roll call results were six (6) aye votes to zero (0) nay votes. AGENDA ITEM #12. - MONTHLY REPORT BY MAGISTRATE SHOOB. Magistrate Shoob said the filings were slightly down but the outstanding accounts were holding steady. A new item, Restitution Paid Through the Court, had been added. There were three (3) cases involving three (3) defendants where there was damage resulting in their criminal act. The court would collect the money for and on behalf of the victim each month, transfer it to the trust fund, then pay the victim. AGENDA ITEM #13. - PRESENTATION OF A PLAOUE OF APPRECIATION FROM THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES TO RURAL METRO AND THE FOUNTAIN HILLS FIRE DEPARTMENT FOR THEIR EFFORTS IN PREVENTING LIFE AND PROPERTY LOSS DURING THE RECENT RASH OF BRUSH FIRES WHICH HAVE THREATENED FOUNTAIN HILLS. (IF THE PLAQUE IS NOT READY, THE PRESENTATION WILL BE POSTPONED). Mayor Cutillo presented a plaque of appreciation to Rural Metro and Chief Tom Knapp. AGENDA ITEM #14. - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION OF SHEILA A. GHEZZI FOR ADOBE WINE AND LIQUOR LOCATED AT 16726 EL PUEBLO BLVD. THIS APPLICATION REPRESENTS A TRANSFER OF LICENSE FROM DOLORES MONTELEONE TO SHEILA GHEZZI. Mayor Cutillo MOVED to approve the license transfer as requested. SECONDED by Councilman Clark and CARRIED unanimously. Minutes of the Regular Session of the Town Council 08/05/93 Page 2 of 5 , AGENDA ITEM #15. - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION OF JOHN HANNA DAIZA FOR THE CORNER STOP LOCATED AT 15225 N. FOUNTAIN HILLS BLVD. THIS APPLICATION IS A REQUEST FOR A NEW LICENSE Mayor Cutillo said the applicant had requested that this application be postponed. Mayor Cutillo MOVED to postpone the application until the applicant reapplies. SECONDED by Vice Mayor O'Brien and CARRIED unanimously. AGENDA ITEM #16. - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) #16.A. Receipt of an Arizona Supreme Court Grant for $500 to the Parks and Recreation Department Mr. Nordin said the Parks and Recreation Department had received a grant from the Arizona Supreme Court for $500. These funds would be used to extend the Monday Madness program. #16.B._ Consideration of an intergovernmental agreement with the governor's office of drug policy for a $4,000, matching funds grant. Mr. Nordin said the Town had been awarded $4,000 instead of $7,000 which was originally anticipated. Mayor Cutillo MOVED to approve the IGA with the governor's office of drug policy as written. SECONDED by Councilman Clark. Mary Pilarinos asked if there were plans for that money. Ms Goodman, Parks and Recreation Director, said an outline had been turned in with the grant. The majority of the grant would be used for a substance abuse coordinator on a part time basis. The motion CARRIED unanimously. #16.C. Award of bid for the trenching of an electrical service conduit to Golden Eagle Park Mr. Nordin said the low bid had been submitted by E. D. Smith Paving Incorporated in an amount of $15,591.67. Councilman Hudson MOVED approval of the bid of E. D. Smith Paving for the SRP service line in Golden Eagle Park in the amount of $15,591.67. SECONDED by Councilman Clark and CARRIED unanimously. #16.D. Consideration of awarding the contract for town prosecutor services Mr. Nordin said he and Mr. Farrell recommended the services of lacovino & Kayler be retained for this fiscal year for town prosecutorial services. Councilman Clark MOVED approval to award the contract as outlined in the May 27, 1993 contract. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. #16.E. Consideration of directing staff to hire a consultant to conduct a feasibilitv/design study for the development/use of municipal properties Mayor Cutillo suggested this item be postponed. MCO was in the process of hiring a consultant to study the 208 downtown redevelopment area which would include the Civic Center and suggested the town not hire a consultant until MCO had completed their study. Mary Wood from the Historical Society presented a letter to all councilmembers requesting the Historical Society be considered. Mayor Cutillo MOVED to postpone the item for a future date. SECONDED by Councilman Clark and CARRIED unanimously. Mayor Cutillo called a recess to the regular session at approximately 6:49 p.m. AGENDA ITEM #17. - PUBLIC HEARING ON RESOLUTION 1993-28 ADOPTING THE TENTATIVE BUDGET AS THE 1993/94 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. Mayor Cutillo declared the public hearing open at 6:49 p.m. for resolution 1993-28, adopting the tentative budget for 1993/94 fiscal year. No one came forward. Mayor Cutillo closed the public hearing at approximately 6:50 p.m. and reconvened the regular session. Minutes of the Regular Session of the Town Council 08/05/93 Page 3 of 5, _AGENDA ITEM #18. CONSIDERATION OF RESOLUTION 1993-28, ADOPTING THE TENTATIVE BUDGET AS THE 1993/94 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. Councilman Clark MOVED approval of Resolution 1993-28, a resolution of the Mayor and Common Council of the Town of Fountain Hills adopting the tentative budget as the 1993/94 fiscal year budget for the Town of Fountain Hills. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. Mr. Nordin said the property tax levy to retire the debt on the street paving bond issue would be adopted at a meeting on August 16, 1993. AGENDA ITEM #19. - CONSIDERATION OF ORDINANCE 93-13, SPECIFYING SELECTED TRUCK ROUTES IN THE TOWN LIMITS OF THE TOWN OF FOUNTAIN HILLS AND REPEALING SECTION 12-2-12 OF THE TOWN CODE AND ADOPTING NEW PROVISIONS IN LIEU THEREOF. Mr. Nordin said there were no substantive changes from what the Council had already reviewed. Vice Mayor O'Brien asked if all the changes had been incorporated and Mr. Nordin said they were. Councilman Clark MOVED the adoption of Ordinance 93-13. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #20. - 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. Mary Wood, President of the Historical Society, felt that since the community had built the library, that a museum would be an appropriate use. Councilman Hudson said the Arizona Risk Retention Pool (a pool of 60 towns and cities that pool their resources to purchase insurance) recently had a meeting and the four (4) directors with expired terms, including himself, were re-elected to a two (2) year term. Councilman Hudson was re-elected as President for another term. Captain Overton from the Sheriff's office, said the Silent Witness presentation regarding the recent Fountain Hills fires, had been aired twice. One (1) person had been questioned and admitted dropping some incense that did start a fire. That person had been cited into Fountain Hills court and his court case would be heard in the next couple of weeks. Minutes of the Regular Session of the Town Council 08/05/93 Page 4 of 5, AGENDA ITEM #21. - ADJOURNMENT. Mayor Cutillo called for a motion to adjourn. Vice Mayor O'Brien made a MOTION to adjourn. SECONDED by Councilman Clark and CARRIED unanimously. The Town Council adjourned at approximately 6:59 p.m. 1 ATTEST: N4t. � Cassie B. Hansen, Town Clerk PREPARED BY: Marcia M. Jewett, Admin. Assi9t. CERTIFICATION TOWN OF FOPNTAJN HILLS By: — v-1 Ile 110v Jo�, Cutillo, Mayor 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 5th day of August, 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this) a"y of August 1993. 0.,-L 6. �- Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 08/05/93 Page 5 of 5,