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HomeMy WebLinkAbout1994.0106.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 6, 1994 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, January 6, 1994, 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, and Town Clerk Cassie Hansen. Mayor Cutillo read the consent agenda which included: AGENDA ITEM #2. - ACCEPTANCE OF THE MEETING MINUTES OF DECEMBER 2ND AND 14TH, 1993. AGENDA ITEM #3. - CONSIDERATION OF LIQUOR LICENSE APPLICATION SUBMITTED BY MATHEW SCHNEIDER FOR THE BULLSEYE STEAK HOUSE (FORMERLY THE SUNSET GRILLE). AGENDA ITEM #4. - CONSIDERATION OF REPLAT TO ACCOMMODATE A LOT LINE CHANGE BETWEEN LOTS 19 AND 20 IN MORNINGSIDE AT LAKESIDE PHASE II, CASE NUMBER S93-33. AGENDA ITEM#5.- CONSIDERATION OF REPLAT FOR MIRAGE CONDOMINIUMS XIX, CASE NUMBER S93-29. Councilman Clark MOVED Agenda Item #2 be tabled until the next Council meeting; SECONDED by Councilman Hudson. Motion CARRIED unanimously. Councilman Hudson MOVED approval of the remaining consent agenda; SECONDED by Councilman Lawrence. A roll call vote was taken with the results as follow: Mayor Cutillo aye Vice Mayor Minarsich aye Councilman Lawrence aye Councilwoman Tibbetts aye Councilman Clark aye Minutes of the Regular and Executive Session of the Town Council 01/06/94 Page 1 of 12 Councilman Hudson aye Councilman O'Brien aye 44) The motion CARRIED unanimously. AGENDA ITEM #6. - CONSIDERATION OF APPOINTING THREE NEW MEMBERS TO THE PARKS AND RECREATION COMMISSION TO FILL THE EXPIRING TERMS. Mayor Cutillo MOVED appointment of Wendell Oliphant, John Kavanagh, and Noreen Kurdzialek to three-year terms on the Town of Fountain Hills Parks and Recreation Commission, commencing February 1, 1994 and ending January 31, 1996. SECONDED by Councilwoman Tibbetts and carried unanimously. AGENDA ITEM#7. - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) #7.A. Consideration of adopting a plan regarding street maintenance and improvements to Fountain Hills Boulevard. All options studied thus far will be considered including Mr. Nordin's Fountain Hills Boulevard Street Maintenance Financial Report, Councilman Hudson's alternative "pay as you go" plan, Councilman Lawrence's proposal to form a citizen committee to study alternative plans for the design and financing of said improvements, and other new options prepared since the December 14 meeting. Mr. Nordin made his presentation per the attached memo and said that if either of the two scenarios discussed therein was chosen, staff recommended the street maintenance subcategory to be the top priority. Mr. Nordin said Councilman Lawrence had asked him that afternoon whether the five-year planning horizon illustrated under the "no-property tax" scenario might not be completed sooner if the "street maintenance first, no property tax" scenario were adopted. Mr Nordin said that when he had discussed street maintenance as the top priority, he did not mean that Fountain Hills Blvd. had to wait until the street maintenance project was completed. It was intended that work on both projects would occur simultaneously. Mr. Nordin said the second item for consideration would be the possibility of appointing a citizens task force to examine the issue and make independent recommendations for the Council. Mr Nordin said the Council would have several possible options to choose from to direct staff to prepare for final adoption: the four scenarios presented that evening, Councilman Hudson's option, Mr. Nordin's original report, or the appointment of a citizens task force. Councilman Clark said he favored the no sales tax, street maintenance priority but said he was Minutes of the Regular and Executive Session of the Town Council 01/06/94VIP Page 2 of 12 concerned over how definite MCO's contribution amount was. Mr. Nordin said he didn't expect a firm commitment from MCO until he was able to give them Council's decision. Councilman Clark asked if there would still be time to place it on the March 8 election ballot. Mr. Nordin answered that there was a 60-day time frame before the election with a 30-day time frame to get everything in place for the election which could be met. Councilman Clark MOVED that staff be directed to proceed with the no local sales tax, street maintenance top priority scenario that commenced on Page 3 of Mr. Nordin's report. The motion died for lack of a second. Councilman Lawrence requested the Council consider appointing a citizens advisory committee due to the fact that the two projects combined had a price tag of$6,250,000, more than double the Town's general budget. He said it was obvious with the attendance at the meeting that there was citizen interest and concern regarding the subject. Councilwoman Tibbetts asked what delay would be encountered by appointing a citizens committee. Mr. Nordin answered that most likely, a March 8 election date would not be a possibility, but a May election date might be. Councilman Clark said he strongly objected to a citizens committee. He said he was all in favor of citizen input and expected there would be a great deal of input that evening. He said the subject had been discussed for at least four years and everyone should know what they wanted. He said the Council had been elected to make the difficult decision--not put it off on a citizens committee. Councilman O'Brien MOVED that the HURF bond issue be put on the ballot in March using the scenario presented that evening of "no G.O. Bond with Street Maintenance being the top priority". SECONDED by Vice Mayor Minarsich. Councilman O'Brien said he realized that taxes of any sort weren't popular, but a sales tax would reach more than just property owners. Vice Mayor Minarsich said he had come full circle on the sales tax issue. He felt as Councilman Clark did that the Council was elected to do what was best for the community and he felt the sales tax plan made the best sense. Councilman Lawrence said he didn't believe a citizens advisory committee was a cop out. He said he felt something of this magnitude deserved extra input, and though he would choose a sales tax over a property tax because it generated revenue beyond the property owners, he felt the citizens should have a say. Councilwoman Tibbetts said she felt it would not be objectionable to take a little time to get some citizen input and still make the May election. She said she agreed with those who favored the sales 1/44ro, Minutes of the Regular and Executive Session of the Town Council 01/06/94 Page 3 of 12 Councilman Clark said he agreed that one day a sales tax would be necessary, but he felt the Fountain Hills Blvd./Street Maintenance program could be accomplished without it. Mr. Nordin reminded the Council that the figures used to obtain the revenue projection for the sales tax scenario included a tax on food and rentals. He said that the Council could, in the future, if they desired, adjust those figures to remove the tax on food and/or rentals. Mayor Cutillo said he opposed the motion, not so much because he was opposed to the sales tax, though he was, but because he said he didn't know what he wanted to happen with regard to Fountain Hills Blvd. He said he thought the citizens committee should be given a chance to gather the information and make a recommendation on what was wanted/needed for Fountain Hills Blvd. Councilman O'Brien said he was concerned with the amount of engineering documentation that said Fountain Hills Blvd. was unsafe. Councilman Lawrence said he would support Councilman O'Brien's motion with one change. He said it was now presented with four lanes, but in the Fountain Hills Corridor Study, another option presented was two lanes fully done with engineering fixes made to provide safety corrections. He said that if desired, in the future, it could be made into a four-lane road and the Town would also know at that time if county funding would be available. He asked Mr. Nordin if a citizens advisory committee were chosen whether they could report back before March 8 since there had been accusations the Council was staffing until after the election. Mr. Nordin answered that he felt it would be possible, though it might require an extra meeting with the Council. Councilman Hudson said all studies performed had indicated 9,000 cars per day traveled over Saguaro, Fountain Hills Blvd., and Palisades. He said he felt that even if Palisades were entirely opened, the amount of traffic reduced on Fountain Hills Blvd. would not be significant. He said Fountain Hills needed to be made into the four-lane road it was supposed to be and needed to be done right. Mr. Charles Vascellero, Algonquin Ct., said the issue to be decided was whether the people of Fountain Hills wanted a sales tax, not what it was to be spent on. He said that he knew that the people of the Town did not have the right to vote on a sales tax, but the people did have the right to request that the Council listen to the demands of the majority of the voters. When the citizens felt the time had come and a project warranted the enactment of a property tax, they would vote for one. He said he felt it was time for the members of the Council to take a stand and be counted. Mr. Jerry Miles, 16317 E. Inca, said he came to argue the proposition that the voters of this town would not approve two separate bond issues during the March election or the May election. He said he had, over the last several weeks, talked to literally hundreds of residents and the number one concern time and time again was taxes. He said that street repair was something that simply Minutes of the Regular and Executive Session of the Town Council 01/06/94 Page 4 of 12 couldn't be postponed--the streets were a mess. He then said, speaking for the residents who lived near Fountain Hills Blvd., that they didn't want a high-speed road with no stop signs in between. He said he thought people would be perfectly happy with a four-lane highway with left turns and could get by with less than a full four-lane super highway on Fountain Hills Blvd. Mr. Miles concluded by saying he felt a citizens committee was just postponing the decision and the roads would continue to get worse. He said the Council was elected to make the decision and the voters were sophisticated enough to respect hard decisions. Mayor Cutillo asked Mr. Miles whether he preferred a sales tax or a property tax. Mr. Miles answered that he would probably support the sales tax. Ms. Mary Pilarinos, El Pueblo Blvd., asked whether a date had been set for the sales tax to be discontinued or whether there was such a precedent of a sales tax being discontinued. Mayor Cutillo answered that while the Council didn't have the authority to set a date for the sales tax to end they could decide at any time to eliminate the sales tax. He said charter cities could set such a date. Mr. Dave Dawkins asked what the sales tax percentage was projected to be and what, if anything, was to be excluded. Mr. Nordin said the amount discussed had been 1.2%. He said that if the Council chose to adopt a sales tax, they were mandated by state law to adopt a model city/town sales tax code. In that code was a menu of items for taxation that the Council would choose from. Mr. Bill Tessmer, 17144 E. Rand, said he wanted a definition of what the sales tax was to IIkw include. Mr. Farrell said the menu selection was categorized by goods sold--it did not tax services. He said the option was there to tax food for home consumption and real estate property of three units and greater since one or two units were generally exempted. He said it was a tax that was paid by the retail merchant and everyone that had a State of Arizona Sales Tax License would also then be required to pay a fee and get a Town Sales Tax License. It would be paid for on the same form as the State Sales Tax. Mr. Charlie Vascellero, Jr., said he didn't see a lot of out-of-town visitors purchasing their food in Fountain Hills and he felt the majority of the tax would be absorbed by the residents. Councilman Lawrence asked how much of the projected$700,000 sales tax revenue would come from the sale of food and Mr. Nordin answered that $100,000 was estimated to come from food sales. Mr. Charles Vascellero, said he wanted to speak on behalf of the general contractors. He said the $780 additional cost to build a$100,000 house if the sales tax was enacted was a tremendous amount to the contractors. He said contractors already had a great deal of competition, made very little profit, and if they were under contract when the sales tax went into effect, they would have to absorb the $780 additional cost themselves. L,,. Minutes of the Regular and Executive Session of the Town Council 01/06/94 Page 5 of 12 Mr. Jack Bercel, Malta Dr., said he didn't feel the way the state and county collected tax was adequately done. He said he was a builder/remodeler and when he worked, he had to come into Town Hall and purchase a permit which automatically guaranteed the Town would collect his tax. He wondered about the workers who were not required to have a permit and how their tax would be collected. He said if he had to pay, he felt there should be a system to assure that everyone paid. Councilman Clark asked whether the figures shown on Page 4 of Mr. Nordin's memo assumed utilization of all of the sales tax revenue or only a portion. Mr. Nordin answered that it used all of the revenue. The $700,000 figure being used as sales tax revenue was, in that Page 4 scenario, obtained by adding the $535,000 listed as sales tax revenue and the $165,000 amount of annual principal and interest that would be required to pay off the HURF bond issue. Councilman Clark asked if that meant that all of the sales tax would be absorbed into the program for the five year duration. Mr. Nordin said that was correct. He said he had been directed to trim the options to the maximum extent possible, and one of the things sacrificed was the ability to use the sales tax for any purpose other than street maintenance of Fountain Hills Blvd. Mr. Arnold Van Ruitenbeek, San Tomas Pl., said he had looked closely at Fountain Hills Blvd. that evening and said he found it to be narrow with very little traffic and no potholes. He said it was just ugly. He said the road needed beautification, but a beautiful four-lane highway was overdoing it, especially if Palisades were to also be made into a four-lane road. He said some landscaping, some resurfacing, and possibly some widening to allow a bicycle lane made sense. He agreed that further study and more citizen input were needed. Mr. John Riley, Alamosa, said the typical Arizona family spent more than $400.00 per month on groceries and he felt the impact of a sales tax on groceries could be devastating to a lot of people in Fountain Hills. He said he felt the sales tax revenue on groceries was far underestimated. Mr. Dave Dawkins said he thought it would be revealing if the residents of the community knew the percentage of people in Fountain Hills that used food stamps. He said he had been told it was one of the highest in the state. Mr. John Bercel, Saguaro Blvd., asked if a cost to run a city sales tax department and a sales tax enforcement had been determined. Mr. Nordin said the Town had two main options: collect the tax itself, or go into the state system. He said that virtually every smaller community in the state that imposed a local sales tax used the state collection system. That system was mandated by state law to provide any and every city that service at no cost. In addition to that, the state audit worked with the community and offered assistance as people were identified who it was felt weren't paying their fair share of sales tax. Mayor Cutillo said he was in favor of allowing a committee to study the issue. He said it was going to go to the voters and if the voters turned it down, the Council was back to square one. Minutes of the Regular and Executive Session of the Town Council 01/06/94 141) Page 6 of 12 He said a delay of two to three weeks to get a better idea of what the citizens wanted to do was, in his opinion, the best way to go. He said if he had to vote, he would go with a sales tax, but he said he wanted to hear from the people what they wanted. Councilman O'Brien said there was a 60-day window before the election in which it could be explained to the voters all the options to be decided upon. Mr. Charles Vascellero asked if the voters voted down the HURF bond issue, whether the Council would still enact a sales tax. He asked why both issues couldn't be put before the voters and let them decide. Councilman Clark said he would like to see both issues on the ballot, but he would use the pared-down version presented that evening. Mr. Nordin said he wanted to clarify a point. He said to be technical, the HURF bond would be secured by the gasoline tax revenue. However, in that particular case, the town would not be able to afford any further debt on the street fund, so the town would need to replace the lost revenue and that was how the local sales tax figured in. He said the bonds were not technically, legally secured by a sales tax, the effect would be that they were practically secured by the sales tax. There would be an annual transfer from the general fund into the street fund and then from the street fund to the bond fund to pay the HURF bonds off. The motion CARRIED five aye votes to two nay votes by Mayor Cutillo and Councilman Clark. Akirr Mayor Cutillo called for a three-minute recess at 8:21 p.m. The Council reconvened at 8:32 p.m. #7.B. Consideration of MCO's request for a town contribution towards the Town Center Master Plan. Town Clerk Cassie Hansen said the Council originally budgeted $20,000 to study a plan for a potential civic center. Ms. Hansen said with MCO conducting a study of the entire downtown area, the Town would be able, with grant funds available, to both contribute to the downtown master plan and take a closer look at future plans for a civic center. Mayor Cutillo said he had been involved in many discussions with Phil Ordway and Greg Bielli regarding the need for some sort of a master plan for the downtown area. He said it was rewarding after the many hours of discussions that MCO had agreed to commit to the project and invest a considerable amount of money into a reputable firm to produce the town center plan. He said he was very supportive of that project. Mayor Cutillo MOVED to accept the recommendation of staff to contribute$21,330 to the Town Master Plan; SECONDED by Councilman Clark. Mr. Si Markowitz, Eagles Nest Dr., said the Town had a critical need for a medical center. He said he had phoned several local doctors and was told they would not take on new patients, causing him to have to go to Scottsdale for medical attention. Minutes of the Regular and Executive Session of the Town Council 01/06/94 Page 7 of 12 Councilman Clark asked if a time frame for completion of the study was available. Mr. Tim Terrill said the time frame needed to be as soon as possible, but it was necessary to be completed in such a manner that everyone had input. He said a tentative time frame was about four monthsvot) to complete the initial process and be able to make an evaluation. The motion CARRIED unanimously. #7.C. Consideration of requesting the Planning and Zoning Commission to appoint a commissioner to the Town Center Planning Committee for the Town Center Master Plan. Vice Mayor Minarsich MOVED to request the Planning and Zoning Commission to appoint a commissioner to the Town Center Planning Committee for the Town Center Master Plan. The motion was SECONDED by Councilman Clark and CARRIED unanimously. #7.D. Review of revised 1993/94 FY general fund budgetary information including revised Golden Eagle Park expenditures. Mr. Nordin said he wanted to present agenda items 7D and 7E together. #7.E. Consideration of approving the Golden Eagle Park Phase II amenities including recently received funds from the Heritage Grant. Mr. Nordin said he intended to show the Council from his attached General Fund statement that with the updated estimates of both revenue and expenditures, even with some significant expenditures for Golden Eagle park, the Town was still in very good financial condition. He said if the Council were to approve the items as per the agenda, it would be necessary for them to approve the revised designated reserve list for the General Fund and the expenditures for the Heritage projects as shown on the Heritage Phase II Projects sheet. He said he did want to make the Council aware that some input from citizens, including a member of the Parks and Recreation Commission, had been received indicating they would like to see some alternative or additional items such as tennis courts and basketball courts considered for the Phase II Project. Mayor Cutillo asked whether the staff recommendation came from the Parks and Recreation Commission. Mr. Nordin answered that it did not since they had not had an opportunity to meet since the last Council meeting. He said staff had sent a memo to the Parks and Recreation Commission under the Chairman, Mike Scharnow's signature, stating the desire to move ahead quickly on Golden Eagle Park and get the expenditures before the Council as soon as possible. Staff attached a copy of the Golden Eagle Park Phase II Projects expenditures list and requested any comments back as soon as possible. He said he had heard back from only one commission member. Mr. Mike Scharnow said he had heard from at least two others, one of whom questioned the bleacher expense, or the possibility of the school purchasing the bleachers instead of the Town. He said the other member was in favor of adopting it all, so he felt there was a consensus with Minutes of the Regular and Executive Session of the Town Council 01/06/94 Page 8of12 the staff recommendation. Mr. Nordin and Mayor Cutillo said they had heard from many citizens who were interested in tennis courts. Mayor Cutillo said it might look as though the Town only had an interest in softball and baseball and wondered whether some of the other interests might somehow be addressed. Mr. Nordin said the Council had approved the overall park plan with all the amenities. He said it would make sense if the larger expenditures were taken care of first, since they would only cost more over time. Mayor Cutillo said his concern was finding the funds to continue to build the park. He said there might not be any more segments of the park done for a while. Councilman Lawrence said softball involved 20-30 players while tennis involved only two or four. He said the softball fields also could be used for soccer, which would also would involve a number of participants. He then asked what a tennis court would cost and Ms. Goodman, Director of Parks and Recreation, said the cost would be $40,000 per unlighted court. Councilman Clark said he would like to see a formal recommendation from the Parks and Recreation Commission. Councilman Lawrence asked whether a portion of the expenditures such as the parking, restrooms, and the ramada could be approved and bidding begun to expedite making the park useable. Mr. Nordin said the Council had already given him the authority to hire an engineering firm for second-phase construction. He said if the Council chose to vote to make the money available, he could go forward with Councilman Lawrence's suggestion. Councilman Clark referred to a P&R Commission member's request to add tennis courts and/or volleyball courts and asked whether tenths courts and volleyball courts were interchangeable and, if not, what a volleyball court cost. Ms. Goodman answered that the volleyball courts in question were sand courts which would cost $15,000 unlighted. Councilman Clark asked how many volleyball and tennis courts were included in the Master Plan. Ms. Goodman answered that there were two separate plan ideas used: both included volleyball and one included four tennis courts while one included no tennis courts. Mr. Nordin said at that time the possibility of the school giving the town some of their property for a Heritage Fund matching program had been discussed, but the school said it was not possible. He said since that possibility did not occur, the Town would favorably consider tennis courts in Golden Eagle Park. Councilman Clark asked about the Playground expenditure and was told it was to be geared to 'older' children. He then said he was in favor of getting started on the park with the items that could be agreed upon and then let the full P&R Commission come up with a plan. Mr. Nordin said that if the Council wished to approve only a portion, he would like the matter to be on the next P&R Commission agenda and then have it back before the Council at the next meeting. Mr. Steve Ehrlich, Fayette Dr., said he represented the Fountain Hills Soccer Club and was in agreement with Councilman Clark. He said that in the area of the softball fields, though, that they proposed it be a large multi-purpose turf area so there could be several soccer fields for %,,,,. Minutes of the Regular and Executive Session of the Town Council 01/06/94 Page 9 of 12 practice; there could be small screens for small t-ball practice areas. He suggested making it as much of an open area, with lights if possible, to accommodate many activities. He said they would welcome the opportunity to meet with the P&R Commission. Mr. Phil Jones said he agreed with Mr. Ehrlich about the need for open fields--not only for soccer, but field hockey or flag football. Vice Mayor Minarsich said he strongly supported Mr. Ehrlich's suggestion and encouraged the Soccer Club to meet with the P&R Commission as quickly as possible. Councilwoman Tibbetts said she favored more flexible use for some of the park area. She it was important to remember to involve all ages. She said the very young had been taken care of, the youth would have the turf areas, but many older people had given her some input also. She said those people definitely wanted something in the park, and it wouldn't be too expensive: horseshoe pits, shuffleboard courts, etc. She said a simple concrete slab would be an excellent multi-use object, especially with the addition of a couple of basketball hoops. Councilman O'Brien MOVED to approve the funding for the parking, restrooms, ramadas, and playground and request a report from the P&R Commission regarding additional expenditures. The motion was SECONDED by Councilman Clark and CARRIED unanimously. Councilman Hudson MOVED to accept the revised budget estimate on the general fund to be dated January 6, 1994 and SECONDED by Vice Mayor Minarsich. The motion CARRIED unanimously. AGENDA ITEM #8. - 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 #9. - PURSUANT TO A.R.S. 38-431.03.A.7. AND 38-431.03.A.4., 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, AND FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION, RESPECTIVELY. Minutes of the Regular and Executive Session of the Town Council 01/06/94 Page 10 of 12 Councilman Lawrence MOVED to go into the Executive Session. SECONDED by Vice Mayor Minarsich and CARRIED unanimously. Mayor Cutillo recessed the Regular Session at 9:02 p.m. and went into the Executive Session. AGENDA ITEM #10. - RETURN TO REGULAR SESSION. The Council returned to Regular Session at 10:30 p.m. AGENDA ITEM #11. - ADJOURNMENT. Vice Mayor Minarsich MOVED to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 10:31 p.m. Minutes of the Regular and Executive Session of the Town Council 01/06/94 Page 11 of 12 TOWN OF FOUNTAIN HILLS By: John tillo, Mayor ATTEST: C..41-14.-4-A- Cassie B. Hansen, Town Clerk PREPARED BY: RosalY nn´┐Żer, Administrative Assistant CER'1WICATION 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 6th day of January, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 20th day of January, 1994. Cassie B. Hansen, Town Clerk Minutes of the Regular and Executive Session of the Town Council 01/06/94 1401) Page 12 of 12