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HomeMy WebLinkAbout1993.1003.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 7, 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, October 7, 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 Councilman Lawrence, 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, Mike Minarsich, Wally Hudson, Don Lawrence and Frank Clark. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Community Development Director Gary Jeppson. AGENDA ITEM #2. - CONSIDERATION OF THE COUNCIL MEETING MINUTES OF 9/16/93. This item was part of the consent agenda. AGENDA ITEM #3. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE SCOTTSDALE KIWANIS FOR THE "SCOTTSDALE KIWANIS BIKE TOUR" WHICH WILL PASS THROUGH FOUNTAIN _HILLS ON SATURDAY, OCTOBER 16, 1993 FROM 7:30 A.M. TO 3.00 P.M. This item was part of the consent agenda. AGENDA ITEM #4. - CONSIDERATION OF THE EXTENSION OF PREMISE APPLICATION SUBMITTED BY PAUL QUINN OF THE ABOVE GROUND CAFE FOR NOVEMBER 12,13 AND 14,1993 THE QUINNS ARE REQUESTING TO EXTEND THEIR LIQUOR LICENSE TO THE OPEN AREA OUTSIDE THEIR RESTAURANT DURING THE CHAMBER OF COMMERCE NOVEMBER ART FESTIVAL. This item was part of the consent agenda. AGENDA ITEM #5. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE 19TH ANNUAL FOUNTAIN FESTIVAL OF ARTS AND CRAFTS TO BE HELD NOVEMBER 12TH THRU 14TH, 1993. This item was part of the consent agenda. AGENDA ITEM #6. - CONSIDERATION OF RESOLUTION 1993-32, ABANDONING WHATEVER RIGHT, _TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS LOCATED ALONG THE EAST LOT LINE OF LOT 15, AND THE WEST LOT LINE OF LOT 17, BLOCK 2, OF PLAT 423 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 149 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA; AND DECLARING AN Minutes of the Regular and Executive Session of the Town Council 10/07/93 Page 1 of 6 EMERGENCY. This item was part of the consent agenda. AGENDA ITEM #7. - CONSIDERATION OF RESOLUTION 1993-33, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE EAST AND SOUTH LOT LINES OF LOT 30, BLOCK 1. OF PLAT 604-A FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 165 OF MAPS, PAGE 16, RECORDS OF MARICOPA COUNTY, ARIZONA. This item was part of the consent agenda. AGENDA ITEM #8. - CONSIDERATION OF RESOLUTION 1993-34 EXPRESSING THE INTENTION TO ACCEPT FROM MCO PROPERTIES INC. ALL RIGHT, TITLE AND INTEREST THEY POSSESS TO CERTAIN REAL AND PERSONAL PROPERTY LOCATED IN FOUNTAIN HILLS, ARIZONA. This item was part of the consent agenda. Councilman Minarsich MOVED to accept the consent agenda as stated. SECONDED by Councilwoman Tibbetts. A roll call vote was taken and the results were as follows: Councilman Lawrence aye Councilwoman Tibbetts aye Councilman Minarsich aye 41 Councilman Clark aye Councilman Hudson aye Vice Mayor O'Brien aye Mayor Cutillo aye The roll call results were seven (7) ayes to zero (0) nay votes. AGENDA ITEM #9. - PRESENTATION OF PLAQUES OF APPRECIATION TO OUTGOING PLANNING AND ZONING COMMISSIONERS STAN CONNICK AND KEN BRETING FOR THEIR SERVICE ON THE PLANNING AND ZONING COMMISSION. Mayor Cutillo presented plaques to Ken Breting and Stan Connick for their many hours of hard work and dedicated service as members of the Fountain Hills Planning and Zoning Commission from 1990 to 1993. AGENDA ITEM #10. - MAYOR'S REPORT ON THE MAG EXECUTIVE COMMITTEE MEETING. Mayor Cutillo said the meeting centered on air quality and the measures needed to meet the air quality standards. Recommendations were made from the legislative committee and MAG requested the legislature include funding to help the cities and towns to meet the air quality standards. The members of MAG requested removal of the authority of freeway planning from the MAG council. Minutes of the Regular and Executive Session of the Town Council 10/07/93 Page 2 of 6 AGENDA ITEM #11. - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Magistrate Shoob presented the monthly report. Councilman Hudson asked what type of cases were brought in under the classification of town code. Magistrate Shoob said those cases had increased and they included barking dogs, illegal parking, noise complaints, etc. Marshal Gendler said illegal peddlers and overgrown lots were also included. AGENDA ITEM #12. - APPOINTMENT OF A NEW VICE MAYOR. THIS ROTATING POSITION CHANGES EVERY 8 MONTHS, ALLOWING EACH COUNCILMEMBER A CHANCE TO FILL THE SEAT. Councilman Hudson MOVED that Mike Minarsich be appointed new Vice Mayor. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #13. - PRESENTATION BY LEON WARE ON THE PROPOSED EMERGENCY PLAN FOR FOUNTAIN HILLS. Mr. Ware said the emergency plan had been reviewed by Mr. Nordin and distributed to the Council and other groups for their ideas and suggestions. Following changes, it would be presented to Council for final approval. Mr. Nordin said he had met with the school superintendent, the sanitary district superintendent and the fire chief and asked them to review the document with their boards. Councilman Hudson suggested that a study session be held to go over the document. AGENDA ITEM #14. - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION). #14.A. Update on the Beeline Highway. Mr. Nordin said the two major issues outstanding with the Arizona Department of Transportation (ADOT) and the Indian Tribe were single source contracting for materials and single source contracting for labor. The single source contracting for materials had been resolved and an agreement from the Federal Government was approved. The single source contract for labor was for ADOT and the Indian Tribe to agree to a drainage ditch to be dug across the Indian reservation to drain the Beeline Highway and Indian property. An appraised value of that land to be acquired from the Indians by ADOT was being done. After the dollar amount was agreed on, the master agreements would need to be approved by the Tribal Council. #14.11. Consideration of awarding the contract for dental coverage to Ameritas for the fiscal year beginning 11/1/93. Mr. Nordin said Delta Dental wanted to charge approximately $2,555.00 a month. The Ameritas Company offered the identical coverage for approximately $1,600.00 a month. Staff recommended Ameritas be awarded the bid in the amount of $1,570.14 per month for the year to begin 11/1/93. Vice Mayor Minarsich asked if there was a lock in for the price and Mr. Nordin said it was for one (1) year. Mayor Cutillo MOVED to accept the contract as written for the monthly fee of $1,570.14. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. #14.C. Consideration of entering into agreement with the Saguaro Woods Homeowners Association for street repair and abandonment of streets located within the development Mr. Nordin said the agreement for street repair was presented to the Council for final approval and staff recommended the Council act affirmatively. Vice Mayor Minarsich MOVED to approve the agreement with Saguaro Woods for street paving as set forth. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. #14.D. Consideration of endorsing the off -premise sign pamphlet created by the Sign Task Force Councilman Minutes of the Regular and Executive Session of the Town Council 10/07/93 Page 3 of 6 Hudson suggested an effective date be put on the pamphlet. Councilman Hudson MOVED acceptance of the program of the temporary sign pamphlet. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM #15. - CONSIDERATION OF SELECTING A COUNCIL MEMBER TO SERVE ON THE TOWN HALL STEERING COMMITTEE FOR THE 1994 TOWN HALL SPONSORED BY THE CIVIC ASSOCIATION. Mayor Cutillo said the Civic Association Board of Directors had established a Town Hall Steering Committee to effectively put together the next Town Hall sometime in April. Mayor Cutillo MOVED to nominate Councilwoman Tibbetts. SECONDED by Vice Mayor Minarsich and CARRIED unanimously. AGENDA ITEM #16._ CONSIDERATION OF RESOLUTION 1993-31, DECLARING THAT CERTAIN DOCUMENT KNOWN AS THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, OCTOBER 7, 1993, CHAPTER 17 OF THE TOWN CODE, A PUBLIC RECORD PURSUANT TO A.R.S. 9-801 AND SETTING DATES FOR PUBLIC HEARINGS. Mayor Cutillo MOVED to accept Resolution 1993-31 as written. SECONDED by Councilman Hudson and CARRIED unanimously. Mayor Cutillo MOVED that Resolution 1993-31 be heard October 7, 1993, the public hearing by the Planning and Zoning would be October 28, and the public hearing by the Town Council would be November 18, 1993. SECONDED by Councilman Lawrence and CARRIED unanimously. AGENDA ITEM #17. - CONSIDERATION OF ORDINANCE 93-19, AMENDING THE SUBDIVISION ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY ADOPTING NEW SUBDIVISION GRADING STANDARDS. Councilman Clark asked for clarification of the ordinance. Mr. Jeppson said as the result of the Crystal Ridge subdivision there was confusion as to what standards applied to a subdivision. It was recommended that the platting elements be taken out of the zoning ordinance and be included in the subdivision ordinance. The height of a house would be as a result of zoning once the subdivision was completed and the ordinance would regulate the grading prior to any structures being built. Councilman Hudson MOVED passage of Ordinance 93-19 as amended. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM #18. - 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. No one came forward. AGENDA ITEM #19. - PURSUANT TO A.R.S. 38-431.03.A.3, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSIONS OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY. Councilman Lawrence MOVED to go into the Executive Session. SECONDED by Councilwoman Tibbetts and Minutes of the Regular and Executive Session of the Town Council 10/07/93 Page 4 of 6 CARRIED unanimously. Mayor Cutillo recessed the Regular Session at 7:05 p.m. and went into the Executive Session. AGENDA ITEM #20. - RETURN TO REGULAR SESSION. The Council returned to Regular Session at 8:23 p.m. AGENDA ITEM #21. - CONSIDERATION OF ESTABLISHING A POLICY SETTING GUIDELINES WITH REGARDS TO INDEMNIFICATION OF PUBLIC OFFICIALS AND OFFICERS Councilman Hudson MOVED to adopt the resolution and asked that it be read, in its entirety, for the record. SECONDED by Councilman Lawrence. Mr. Farrell read Resolution 1993-35,attached, and explained the policy. The resolution stated the general liability insurance would cover suits where third parties would sue the Town of Fountain Hills for acts or lack of action on the part of town officials or town employees, which would include all of the people connected with the Town, parks and recreation commission members, planning and zoning commission members, board of adjustment members, volunteers and part time employees. The policy was designed to cover everyone, whether or not compensated by the Town and whether or not they were full time or part time and those instances, both civil and criminal, wherein the general liability insurance policy did not provide an attorney and indemnification. Anyone seeking reimbursement would know what the criteria of the policy was. The expenditures would be in the discretion of the Council. John Evancho, Jacklin Drive, agreed that Council and staff should be protected but did not agree non -compensated people should be. Mr. Farrell explained non -compensated meant members on the commissions and boards who were not compensated. Bill Lacey, Fairlynn Drive, said it seemed strange the issue came out prior to the discussion on Charlie Fox and asked if it would be retroactive. He represented the people of Fountain Hills and said the whole situation was ridiculous and a sham. Bill Tessmer, Rand Road, asked Mr. Farrell who would determine if the parties were acting in an official capacity. Mr. Farrell said the person seeking reimbursement would need to provide facts and a written opinion would be issued. Mr. Tessmer asked if it would be a retroactive document and Mr. Farrell said no effective date was stated. Mr. Tessmer also objected to the use of the word "confidentiality". Bill McGivern, Monterey Drive, said policy limits should be clarified and addressed and objected to the inclusion of the word "criminal". Mr. Farrell said the limits would be discretionary and the criminal inclusion was included because the general liability policy did not cover criminal acts and stated again the reimbursement would not be automatic, the criteria would need to be met, a written opinion would need to be submitted as a public record and Council would need to vote on it. Ruth Tessmer, Windchime Drive, said if she bought an insurance policy today it would not cover her for something that happened prior to the date on the insurance policy. Mr. Farrell said the ordinance would not provide insurance for the person that was injured, it would only cover the town employee who didn't have the benefit of the insurance attorney and settlement and had to hire a private attorney or pay a fee, could ask for that fee or fine or attorneys fees be paid and didn't provide a third party any rights against the Town. The individual would need to meet the following criteria: must be acting on good faith, acting as a town employee, and acting in a matter for which he was authorized or directed by law to act. Marjorie Lawlor, Kingsway, did not like the wording "or performing duties on behalf of the Town". Mr. Tessmer said the wording should be changed from "simple majority" to "unanimous". Dave Dawkins felt the limitations in regard to the dollar amount should be clarified. Mayor Cutillo said the limitations would be set by the attorney(s). June Post, Rand Drive, suggested that only employees elected or appointed officials be included and should not include volunteers. She said a limit should be set on the amount of legal fees and fines to be paid and approved prior to obtaining an attorney. Mr. Lacey, Fairlynn Drive, said the document was a "Pandora's Box" and said again that it was ridiculous. Susan Ross asked if this was a normal policy as drafted by other towns and Mr. Farrell said it was similar. He had polled a number of towns and Minutes of the Regular and Executive Session of the Town Council 10/07/93 Page 5 of 6 took wording from other towns policies. The motion CARRIED unanimously. AGENDA ITEM #22. - CONSIDERATION OF REIMBURSING CHARLIE FOX FOR INCURRED LEGAL FEES. Mayor Cutillo to MOVED TO TABLE this agenda item until November 18, 1993. SECONDED by Councilman Hudson and CARRIED unanimously. AGENDA ITEM #23. - CALL TO THE PUBLIC AND ADJOURNMENT. Mayor Cutillo made a call to the public. No one came forward. Councilman Lawrence MOVED to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 9:10 p.m. TOWN OF FOUNTAIN HILLS By: hn M. Cutillo, Mayor ,, ATTEST: ` L-4� Cassie B. Hansen, Town Clerk PREPARED BY: ti Mhrcia M. Jewett CERTIFICATION 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 7th day of October, 1993. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of November 1993. c Cassie B. Hansen, Town Clerk Minutes of the Regular and Executive Session of the Town Council 10/07/93 Page 6 of 6