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HomeMy WebLinkAbout1993.1214.TCRM.MinutesTOWN OF FOUNTAIN HILLS I MINUTES OF THE REGULAR SESSION OF THE �w FOUNTAIN HILLS TOWN COUNCIL DECEMBER 14, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Tuesday, December 14, 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 Mike Minarsich and Councilmembers Peg Tibbetts, Bill O'Brien, Wally Hudson, Frank Clark, and Don Lawrence. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Director of Community Development Gary Jeppson. Mayor Cutillo read the consent agenda which included: AGENDA ITEM #2. - ACCEPTANCE OF THE MEETING MINUTES OF NOVEMBER 16 AND 18, 1993. AGENDA ITEM #3. - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE REQUESTS OF THE KNIGHTS OF COLUMBUS AND THE DAUGHTERS OF ISABELLA OF THE CHURCH OF ASCENSION CHURCH FOR DECEMBER 31, 1993; JANUARY 30, 1994; FEBRUARY 20, 1994; AND MARCH 12, 1994. Mayor Cutillo said Agenda Item #4 had been removed from the consent agenda. Councilman Clark MOVED approval of the consent agenda, SECONDED by Councilwoman Tibbetts. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor Minarsich aye Councilman Clark aye Councilman Hudson aye Councilman Lawrence aye Councilman O'Brien aye Councilwoman Tibbetts aye Motion CARRIED unanimously. AGENDA ITEM #4. - CONSIDERATION OF THE FINAL PLAT FOR MIRAGE CONDOMINIUMS XVI THROUGH XVIII, CASE NUMBERS S93-26 THROUGH S93-28. Minutes of the Regular Session of the Town Council 12/14/93 Page 1 of 11 Councilman Clark MOVED approval to include stipulations contained in a memo from Mr. Jeppson to staff. SECONDED by Mayor Cutillo and CARRIED unanimously. Mayor Cutillo said Agenda Items 5, 6, and 7 would be presented as one report, but each item would be voted on separately. AGENDA ITEM #5. - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY REGARDING THE USE OF COUNTY ANIMAL SHELTERS. AGENDA ITEM #6. - _CONSIDERATION OF ORDINANCE 93-23, AMENDING THE TOWN CODE CHAPTER 6 ANIMALS, ARTICLE 6-2 RABIES/ANIMAL CONTROL LEASH LAW BY AMENDING SECTIONS 6-2-1 DEFINITIONS, 6-2-4 POWERS, 6-2-5 LICENSE FEES, 6-2-7 VACCINATION, 6-2-9 DOGS NOT PERMITTED AT LARGE, 6-2- 10 COUNTY POUNDS, 6-2-11 HANDLING OF BITING ANIMALS, 6-2-13 UNLAWFUL INTERFERENCEWITH ENFORCEMENT AGENT, 6-2-14 VIOLATIONS AND DELETING ARTICLES 6-2-2, 6-2-3, 6-2-6, 6-2-8. 6-2-12, AND 6-2-15 AND DECLARING AN EMERGENCY. AGENDA ITEM #7. - CONSIDERATION OF ADOPTING A FEE SCHEDULE FOR RABIES AND ANIMAL CONTROL SERVICES FOR THE TOWN OF FOUNTAIN HILLS. Town Marshal Steve Gendler said the Marshals Department would be requesting changes in Town ordinances to allow final implementation of the animal control program, part of which would replace the contract between Fountain Hills and Maricopa County Rabies and Animal Control. The objectives were put in a policy manual and the Marshals Department hoped to administer a program locally to provide better service, better response time, and more convenience to the community. The program had five basic components: equipment, training, record keeping, contract system and a licensing system. He said the fast step in the program was taken on September 1, when Officer Marvin Cender started working the position of Animal Control Officer. Marshal Gendler said since Deputy Cender began, he had completed the procurement of the equipment for the program, completed the training for the program, and made arrangements for all of the policies and procedures which were in place. He said it was requested that the Council approve their request for a licensing system on an Intergovernmental Agreement for kenneling services and approve the proposed fee schedule. Councilman Hudson asked how many days the county charged the Town $7.00 a day to impound an animal because he said he understood it was often decided that an animal was adoptable and the animal was kept longer rather than be destroyed. Mr. Farrell said the Town would pay for three days and if the county chose to keep the animal longer, the Town had no further obligation. He said the exception would be a quarantine, which required a seven-day stay. Vice Mayor Minarsich asked whether the license fees would cover the cost of operating the program. Minutes of the Regular Session of the Town Council 12/14/93 Page 2 of 11 Marshal Gendler said the program was designed to cover all administrative costs. Vice Mayor Minarsich MOVED approval of Agenda Item #5. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. Councilman Clark MOVED approval of Agenda Item #6 as presented; SECONDED by Councilman O'Brien. Vice Mayor Minarsich asked Mr. Farrell if those sections of code were implemented under existing county code. Mr. Farrell said when the Town first incorporated, they were sent provisions by the county which the Town rewrote after copying the definitions. Councilwoman Tibbetts asked whether the portion of code that said a dog had to be licensed if it resided in the Town for thirty calendar days or more applied to winter visitors. Mr. Farrell said it applied, as it did throughout the county. A roll call vote was taken with the results as follows: Mayor Cutillo aye Vice Mayor Minarsich aye Councilman Hudson aye Councilman Hudson aye Councilman Clark aye Councilwoman Tibbetts aye Councilman Lawrence aye The motion CARRIED unanimously. Mayor Cutillo MOVED approval of Agenda Item #7; SECONDED by Vice Mayor Minarsich. Councilman Clark asked how much the licensing fee would be. Mr. Farrell answered that the fee would be $15.00 for an animal capable of reproducing. Councilwoman Tibbetts asked how this fee compared with other communities. Deputy Cender answered that in similar programs, the fees were much higher. Vice Mayor Minarsich asked if the animal control records held by the county would be turned over to the Town. Deputy Cender said that had already been done. Councilman Lawrence asked if the fee would be a one-time fee or an annual fee. Deputy Cender answered it would be an annual fee. The motion PASSED unanimously. AGENDA ITEM #8. - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) #8.A. - Update on the Heritage Grant Fund and award of $363,250 grant monies for development costs of Phase II of Golden Eagle Community Park. Mr. Nordin said the Town had received word that week that the Town would receive an additional $363,250 in mid March. He said that represented 100% of the funds requested. He said staff would prepare a detailed proposal for the January 6 meeting to show how the money was anticipated to be spent. He said that the success the Town had in receiving that grant money Minutes of the Regular Session of the Town Council 12/14/93 Page 3 of 11 was a tribute and testimony to the Parks and Recreation Department, in particular, Robin Goodman, who had been the point person on the project since the beginning. Vice Mayor Minarsich asked if it was correct that, based on the value of the land at Golden Eagle Park, the money represented the last of the available matching funds. Mr. Nordin answered that based on the land value, Vice Mayor Minarsich was correct. He said the town also received approximately $92,000 from SRP in matching money. Vice Mayor Minarsich asked if staff would start to examine other park grants available for 1995. Mr. Nordin said grant application attempts would continue. #8.B. - Consideration of Awarding the Bid for the Parks and Recreation Master PlanMr. Nordin introduced Mr. Wendell Oliphant, a member of The Parks and Recreation Commission, who headed up the Master Plan effort. Mr. Oliphant said requests for proposal (RFP's) for a master plan for the park system were sent out in October. He said he knew that knowledge of master plans was limited, but eleven firms responded. In November, the review committee (Mr. Jeppson, Mr. Oliphant and Ms. Goodman) selected two definitely superior RFP's and conducted oral interviews. The firm chosen was Design Workshop, a land planning and landscape architecture office which had a good deal of experience working with city governments. He said the initial figure for the plan was $25,000 and a grant received from the Department of Commerce increased that amount to $30,000. He said a survey showed similar projects ranged from $35,000 to $40,000 and some up to $60,000. He said Design Workshop proposed to complete the job in four phases: 1) An inventory of existing park facilities, identify the deficiency and complete a site analysis; 2) A needs assessment and preliminary programming; 3) A conceptual master plan and alternatives with a key item being treatment of washes and drainage corridors; and 4) Implementation of final documentation which would be the master plan and backup document. He recommended that the Council approve a Basic Scope of Work as presented by Design Workshop for $30,000 and include an additional two key products: a participation workshop and the treatment of washes and drainage corridors for up to $2,500. He thanked the Council for helping to speed up the original schedule of the park, allowing more to get done sooner. Vice Mayor Minarsich asked Mr. Harrel how the county was progressing on the $500,000 study being performed on the washes. Mr. Harrel said that preliminary data on the flood plain delineation should be available February or early March and that data could be used in Phase 3 of the Master Plan. Vice Mayor Minarsich said the issue with washes had come up several times in the past four years. He said there were letters of intent from MCO to turn the washes over to the Town and the Parks and Recreation Commission had indicated their desire to accomplish this, which he totally supported. Councilwoman Tibbetts said she wanted to acknowledge work the commission and staff had done in creating the master plan program. Councilman Lawrence MOVED to approve the Design Workshop contract for an amount not to exceed $32,500. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. #8.C. Update on possible amendment to the state law regarding Sanitary District boundaries Mr. Nordin said his program of work for the year required determination of whether an effort Minutes of the Regular Session of the Town Council 12/14/93 Page 4 of 11 should be made to make a change to state law to allow the community to decide whether or not to merge the Sanitary District with the Town. He said that the agenda item did not require Council direction to proceed and but asked the Council to tell him if they preferred him not to proceed. Councilman O'Brien said at the time of incorporation the state legislature was quite antagonistic and did Mr. Nordin know if that attitude still prevailed. Mr. Nordin responded that two of the reasons why he had suggested moving forward was that he had received concurrence from Mr. Gliege, an attorney who had proposed to work on behalf of the town for the amount of $2,500. He said Mr. Gliege could, if he chose, be in the legislature and had represented special districts before the legislature on prior occasions. Mr. Gliege was very familiar with sanitary district legislation and frequently represented sanitary districts and his help would be very significant. Secondly, David Schweikert was in a leadership position in the Legislature and the Town should take advantage of his position. Vice Mayor Minarsich quoted a phrase from Mr. Gliege's letter that read "such an amendment is possible; however, provision will have to be made for the territory that is not within the town" and asked Mr. Farrell his opinion as to what kind of provisions there would be. He said he hadn't been involved in the conversations, but Mr. Gliege may have been identifying one of two areas: unincorporated Maricopa County or maybe City of Scottsdale, and he thought he was probably referring to the unincorporated Maricopa County. Vice Mayor Minarsich said if the legislation passed, who would take care of the sanitary needs. Mr. Farrell said that currently both sections outside the Town limits were served by the Sanitary District and when the legislation was amended, and if the Sanitary District and Town elected to merge, then the Town would be authorized to continue those services. Mr. Nordin said he would like to explore the possibility that Scottsdale provide their city services to the area inside their corporate boundaries, if the legislation was passed. Vice Mayor Minarsich said if he were on that City Council he would oppose such a move because the Sanitary District was paying taxes and was required to do that. He wondered if this would be too much of a legal impasse or was the Town prepared to continue to pay for those services. Mr. Nordin said there was also a reverse question to be asked by Scottsdale and that was whether there would be cause for concern if another jurisdiction controlled the development rights, i.e., the sewer rights, to any section of their community. The other jurisdiction would have control of developments in that area and they might not like that and would be willing to provide sewer service to that section. Councilman O'Brien asked if the land owner didn't have a right to object to being taxed by two different entities for the same service. Mr. Nordin said that was already happening with regard to the 405 acres and was quite possible. Councilman Clark said he thought that with the completion of the last line up Golden Eagle that all further infrastructure for the Sanitary was the developer and if so, what difference did it make if it came under Fountain Hills or Scottsdale since the developer would have to pay. Mr. Bruce Hansen said if Scottsdale decided to take over the sewers for the 405 acres, it would take an extremely large pump station to carry the sewage over the mountain and he didn't think Scottsdale would want to do that. He said that land was in the Town's bonded indebtedness and the Town was taxing that land for the indebtedness, which would have to continue until the bond Minutes of the Regular Session of the Town Council 12/14/93 Page 5 of 11 was paid off. Mayor Cutillo said he had thought of merging the Sanitary district for a long time- -there were some duplications that could be eliminated if the two were combined. He wondered if there were any hidden costs above the $2,500 lawyer's fee. Mr. Nordin said to his knowledge, Mr. Gliege would only try to get an amendment through the legislature and did not discuss additional cost that would be incurred if the legislation were passed and the Town did take advantage of that new state law. He said the Town was trying to provide the opportunity to make the change, though possibly not take advantage of the opportunity. Councilman Lawrence said that Pinetop-Lakeside and maybe Payson were also interested in that legislation and was there a way that additional costs could be shared with them. Mr. Nordin answered that if additional costs were encountered, that idea could be explored. Mr. Hansen said he thought it was a good idea that the Town someday take over the Sanitary District and, as chairman of the Sanitary District, he supported the effort. Mayor Cutillo said he wanted to make recognition and congratulate Randy Harrel for being noted in the Technology Transfer Program at A.S.U. for his innovative ideas during the Dimension Cable rebuild in Town. 8.D. - Presentation by Paul Nordin on the Fountain Hills Blvd./Street Maintenance Financial Report. Mr. Nordin made his presentation per the attached reports. Referring to a letter from MCO Properties which covered what they proposed to do with regards to street improvements, Mr. Nordin said that staff recommended approval of six of the seven Ij conditions. The one they didn't agree with was Palisades Blvd. paving and that was due primarily to funding not being available. Mr Nordin said he understood that the additional $200,000 offered at the end of their letter would be forfeited by not agreeing to that item. Mr. Nordin said it should be made extremely clear if the Council chose to go with the proposal in the report that the public be told if they voted yes on the HURF bond issue, some form of local sales tax would be enacted. He said this did not have to be presented to the community as something that absolutely had to be done. The Town could simply overlay and maintain Fountain Hills Blvd. in its present configuration. He said Mr. Harrel would argue that Fountain Hills Blvd. now, in many respects, required four lanes in terms of the traffic studies conducted, but there were many roads in the state that were over capacity and the same could be true, though not desireable, for Fountain Hills Blvd., if that was what the Council and community desired. Mr. Nordin said regarding the General Obligation Bond, there were presently two street bond issues on the secondary property tax rolls: the old road district bonds and the 1991 street paving bonds that Fountain Hills issued. The Road District bonds would terminate in 1999 and the amount of tax required to reduce those bonds was decreasing. The people that handled the Town's bond funds said the current bond debt could be reduced by at least $30,000 if the Town Minutes of the Regular Session of the Town Council 12/14/93 Page 6 of 11 so desired, so it would be possible to have no net property tax increase, even with the additional bonded indebtedness being placed on the rolls. In 1996, there would be a net decrease. Mr. Nordin said he and Councilman Hudson had had several discussions regarding an alternative financial plan. Councilman Hudson suggested instead of a 1.2% sales tax that a 1.5% sales tax be implemented, to include food and real estate rentals. The revenue generated by this proposal would be $875,000 annually. The strengths were: it would eliminate the need for a HURF bond issue, it would generate more annual sales tax revenue for all future uses, and it would generate more funding for all identified priorities. He said there were a number of weaknesses: it would require a sales tax on food and rentals and not allow those to be optional; it reduced the room for estimating error, making the Town more dependent on the annual projection being realized; the Town would have to commit all the funds in the first year or so to the Fountain Hills Blvd. project until enough funds were available to pay off that obligation. He said, in conclusion, that approach was found to be a viable alternate and, if Council chose to go that direction, staff would not object. Mr. Nordin said if a March election time table were to be met, it would require action by the Council on January 6, 1994. Vice Mayor Minarsich asked why the sales tax issue couldn't be on the March 8 primary ballot. Mr. Farrell replied that there was no provision for a vote on sales tax --it was enacted by ordinance. Vice Mayor Minarsich said in lieu of the fact that possibly in a couple of years, county funding would be available, why did staff endorse the top of the line plan rather than a more bare bones plan costing less with the possibility to upgrade upon receipt of anticipated county funds. Mr. Nordin answered that the bare bones option presented did not have the upgrade to full improvement option. What could be done was take the full improvement option and phase it in over a period of time. He said the reason for desiring to complete the job all at once was because it was not possible under any of the options to raise the entire $6.3 million dollars. By using all sources of funds, whether it was the report's recommendation or Councilman Hudson's recommendation, it still was not possible to raise $6.3 million dollars. It would be possible, however, to generate more than $4.5 million dollars, the amount required to do Fountain Hills Blvd. Since sufficient funds to do the Fountain Hills Blvd. project could be generated, staff felt it was senseless to not do all of Fountain Hills Blvd. at one time. With both proposals, enough additional funds would be generated to take care of the street maintenance requirements three to five years in the future. Staff recommended the full improvements option and would pursue county funding as outlined in the report. Councilman Clark said he was disappointed with the amount of MCO's proposed contribution. He said five years ago there was a plan that called for MCO to pay for 60% of the improvement on Fountain Hills Blvd. If that percentage were applied to the proposal being discussed, it would be approximately $2.7 million, not $737,000, unless the improvements to Shea and Fountain Hills Boulevard were to be deducted, then the amount would be somewhat less. He said that only three years ago MCO had stated they wanted to participate in the paving program in accordance with the 60% agreement. He said he felt MCO had not kept their end of that agreement. Mr. Nordin said he and Mr. Harrel had worked a great deal to try to determine how MCO had arrived at the $737,000 figure. He said it was determined that MCO had not included the wash areas Minutes of the Regular Session of the Town Council 12/14/93 Page 7 of 11 in their figures. He said they had discussed the issue with MCO and $737,000 was the amount they were willing to pay and the Town didn't have much ability to force them to pay much more. He referred to the report where it said MCO would like the Town to take over maintenance of the entryway and the item regarding who paid for the costs of issuance of the improvement district bonds MCO would like to have issued for their portion of the responsibility. He said those items might provide a bit of leverage to induce MCO to increase their participation. Councilman Hudson asked whether it would be possible to have an improvement district and assess a small portion of the roads to property owners. Mr. Nordin said it was possible and one of the conditions in MCO's letter was the formation of an improvement district for at least a portion of MCO's $737,000 responsibility. Mr. Charles Vascellero, 17506 Algonquin Ct., said he requested the Town Council not even consider sales tax. He said based on a $100,000 new home cost, sales tax would add another $780.00 to that cost. He said Fountain Hills had one of the highest permit rates in the state and was the second highest tax district in the state. He requested the Council find another way to raise revenue. He said he had no problem with a bond issue or an increased property tax, but not a sales tax. Mr. Tim Yoder, El Lago, said there was a real concern regarding sales tax and he said a way should be found to get the issue on a ballot before the voters before anything was decided because the public didn't want a sales tax. He said another problem with sales taxes would be administrative paperwork. He suggested more persuasion be used with MCO. He said if Palisades Blvd. were paved, much of the traffic on Fountain Hills Blvd. would be alleviated. He asked if the Town had a figure for paving Palisades Blvd. showing it to cost less than Fountain Hills Blvd. Mr. Nordin answered that Town held the position that Palisades Blvd. was MCO's responsibility and he wasn't aware of any estimates they had for paving it. Mr. Nordin also responded to Mr. Yoder that if the Town went with the sales tax and used the state collection system, there would be no administrative costs to the town. Vice Mayor Minarsich said he had always been in favor of sales tax, but issues had changed the last few years and he wasn't sure he was supportive of the proposal. He said he would like to look further at the other options. Mr. Nordin said there were three options presented in the study, and if it was the Council's desire to pursue the spot improvements option, the money was available to do that immediately. Mr. Jack Bercel, 17220 Malta Dr., said he was definitely opposed to a sales tax. He said he was tired of paying and paying for the privilege of doing business. Councilman Clark said when the Town first imposed fees for business licenses, it was discussed that a reason for the fee was to keep track of businesses in town. He asked how much income was generated by business licenses and whether they might be discontinued with the implementation of a sales tax. Mr. Nordin answered that business licenses generated $25,000 to $30,000 and the option was there to discontinue them if a sales tax were implemented. Minutes of the Regular Session of the Town Council 12/14/93 Page 8 of 11 Mayor Cutillo said the Council had been pressured for a long time on the issue of a sales tax because people felt the opportunity for additional funds was not being taken advantage of. He said he had been opposed to looking at a sales tax until such time as there was a strong need for it. He said he felt Fountain Hills Blvd. had long been an eyesore and dangerous and something needed to be done, though he didn't favor a sales tax to do it. Councilman Lawrence asked if it was possible for staff to come back with a study showing the phased -in approach from the original report. Mr. Nordin said if Fountain Hills Blvd. was approved, whether using the phased -in approach or doing it all at once, it would be extremely difficult to do it without some significant additional funding. He said the Council knew, but he wanted the public to understand that staff had made it quite clear that given the present level of service now provided, the Town did not need a local sales tax. A local sales tax was being presented to provide enhanced services, i.e., more aggressive street maintenance and construction of an improved Fountain Hills Blvd. If the community didn't want the more aggressive street maintenance and construction of Fountain Hills Blvd., then a local sales tax wasn't needed. Vice Mayor Minarsich asked what happened when the enhanced services were no longer being provided. Councilman Hudson said there were several things the Council could vote on, one being to remove the tax. He said he had talked to many of the older citizens, and not one of them opposed a sales tax, but all of them opposed increased property taxes. Mr. Nordin said the Town did not have the statutory authority to raise property taxes for the purpose of Fountain Hills Blvd. street maintenance above the $1.85 million mentioned in the report. He said if it had been possible to raise all the money needed through a bond issue or through property taxes, he would have presented that option. He said if the Council wished, staff could prepare an option to show what could be done without a sales tax. Councilman Clark suggested eliminating the median on Fountain Hills Blvd. improvement plan to cut back on costs, but not sacrifice the design or safety. Mr. Nordin said that was possible and would save approximately $300,000. He said there were several features such as sidewalks, shoulder landscaping, and the center median which could be eliminated for a cost saving. He said MCO would probably lower their contribution percentage accordingly. Councilman Lawrence asked whether the Fountain Hills Corridor Study, Phasing Alternative 2 eliminated stop signs on the two-lane sections of Fountain Hills Blvd. Mr. Harrel answered that in the future, if Palisades remained unpaved, Fountain Hills Blvd. would have such heavy traffic that in the two-lane sections, stop signs could not be eliminated. Councilman Clark asked whether an option could be available to take maintenance costs and stretch them out over a longer period of time. Mr. Nordin answered it was possible, but as Mr. Harrel's report stated, as maintenance was deferred and cost layout decreased, the maintenance need increased and the community would have to be happy with a lower degree of maintenance, i.e., more cracks. Mr. Farrell said that whatever option or combination of options the Council chose, if there was any desire to proceed with a HURF bond issue or a general obligation bond Minutes of the Regular Session of the Town Council 12/14/93 Page 9 of 11 issue by March 8, action needed to be taken at the January 6 meeting. Mr. Nordin said he had attempted to structure this issue so that even though the voters didn't have the ability to vote on a sales tax, if they didn't want one because of publicity generated, they could vote no on either the HURF or the General Obligation bond issue, thereby sending a strong message to the Council of the public's wishes. Vice Mayor Minarsich asked whether an ordinance could be passed which stated the sales tax would be for a three-year period and then it would be no longer. Mr. Farrell answered that he could think of no fail-safe way of doing it. Councilman Clark said perhaps the approach to pursue would be to not diminish the maintenance program and do as much of Fountain Hills Blvd. improvements as funds permitted without resorting to the sales tax. He said he thought the Town should maintain the maintenance, pursue the improvement of Fountain Hills Blvd., but whatever was done should be done to the ultimate design. Mr. Nordin said staff would appreciate direction from the Council as to which direction they should continue to pursue --Fountain Hills Blvd. or street maintenance. He said if the Council at all favored the general obligation bond, the voters could be asked to approve a $2 million bond issue for street maintenance. If that were improved, the Town could proceed with the $1.8 million street maintenance immediately. The Town would then take the cash on hand and make the spot improvements to fix the present problems on Fountain Hills Blvd., which would allow the Town to do a five-year fix on Fountain Hills Blvd. Councilman O'Brien asked whether the Town would be exposed to greater liability by choosing the spot improvements option. Mr. Farrell answered that since more people were driving without insurance, there was a great increase in the number of cities and towns being named in accident lawsuits. Mr. Nordin suggested a couple of new options be presented to the Council at the January 6 meeting. Vice Mayor Minarsich said he believed the option the majority would like to see presented was to show the most that could be accomplished on a properly engineered Fountain Hills Blvd. along with the desperately needed maintenance without implementing a sales tax. AGENDA ITEM #9. - 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.) No one came forward. AGENDA ITEM #10. - ADJOURNMENT. Councilman Lawrence MOVED to adjourn. SECONDED by Vice Mayor Minarsich and CARRIED unanimously. The Town Council adjourned at approximately 9:30 p.m. Minutes of the Regular Session of the Town Council 12/14/93 Page 10 of 11 TOWN OF FOUNTAIN HILLS By: John . Cutillo, Mayor ATTEST: L:4:�— Cassie B. Hansen, Town Clerk PREPARED BY:Li Rosalynn Rucker, Administrative Assistant CERTIFICATION 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 14th day of December, 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this 20th day of January, 1994. &' 4- �� Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 12/14/93 Page 11 of 11