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HomeMy WebLinkAbout1998.0416.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 16, 1998 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30 P.M.,Thursday, April 16, 1997, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building B,Fountain Hills,Arizona. ROLL CALL - Following the pledge to the flag by Cub Scouts Jason Baltrusch and Pierre Yono of Pack 243, Wolf Den #11 and the invocation by Gary Jeppson, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Marianne Wiggishoff and Councilmembers Bill O'Brien, Don Lawrence, Sid Apps, and Penfield Mower. Councilman Al Poma was absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson, Town Engineer Randy Harrel and Planners Jeff Valder and Geir Sverdrup. Mayor Miles read the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF APRIL 2, 1998. AGENDA ITEM #2 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY CHRISTOPHER PICCIANO FOR VOLARE RISTORANTE LOCATED AT 11865 N. SAGUARO BLVD. FORMER OWNERS CHRIS AND DONNA PICCIANO HAVE RE-ACQUIRED THE ESTABLISHMENT FROM MICHAEL YELNER AND ARE REQUIRED TO GET A NEW LICENSE IN THEIR NAME. AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1998-17,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHEASTERLY PROPERTY LINE OF LOT 15,BLOCK 8 OF PLAT 111 (16336 EAST ARROW DRIVE), AS RECORDED IN BOOK 150 OF MAPS, PAGE 12 RECORDS OF MARICOPA COUNTY,ARIZONA. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1998-18, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHEASTERLY AND EASTERLY PROPERTY LINE OF LOT 1, BLOCK 2 OF PLAT 604A (12005 NORTH WINCHESTER DRIVE), AS RECORDED IN BOOK 165 OF MAPS,PAGE 16 RECORDS OF MARICOPA COUNTY,ARIZONA. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1998-19, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHEASTERLY AND NORTHERLY PROPERTY LINE OF LOT 3, BLOCK 5 OF PLAT 605D (11407 NORTH PINTO DRIVE), AS RECORDED IN BOOK 164 OF MAPS, PAGE 15 RECORDS OF MARICOPA COUNTY,ARIZONA. AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1998-20, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHWESTERLY PROPERTY LINE OF LOT 5, BLOCK 4 OF PLAT 603B(15705 EAST CHOLLA DRIVE),AS RECORDED IN BOOK 161 OF MAPS,PAGE 41 RECORDS OF MARICOPA COUNTY,ARIZONA. Town Council Regular Session 4/16/98 Page 1 of 9 Councilman Apps MOVED to approve the Consent Agenda as read. Vice Mayor Wiggishoff SECONDED the motion. A roll call vote was taken with the following results: L Councilman Apps Aye Councilman Lawrence Aye Councilman Mower Aye Councilman O'Brien Aye Vice Mayor Wiggishoff Aye Mayor Miles Aye The motion CARRIED. AGENDA ITEM #7 - PRESENTATION OF AWARD TO EAGLE SCOUT HANNIS BROWN. (HANNIS HAS A CONFLICT AND WILL NOT BE ABLE TO ARRIVE UNTIL AFTER 7:30 P.M. THE AWARD WILL BE PRESENTED ACCORDINGLY.) Mayor Miles announced that this item would be addressed when Mr. Brown arrived. Mayor Miles the project for Hannis Brown's Eagle Scout award was the coordination of 50 Boy Scouts for 61/ hours. The project entailed the installation of low voltage lights around Town Hall. Mayor Miles presented Mr. Brown an engraved decoration for his accomplishments and congratulated him in achieving the Eagle Scout award. AGENDA ITEM#8- MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Judge Shoob reported that the March report included a termination of 436 cases and that 64 trials and hearings were heard during the month. He stated the collections had been in a normal range and presented the Council with a breakdown of various filings in the Court during the past month. AGENDA ITEM#19 - PUBLIC HEARING TO RECEIVE TESTIMONY ON PROPOSED AMENDMENTS TO CHAPTERS 1 AND 6 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO DEFINE OFF-PREMISE SIGNS AND ONLY PERMIT DIRECTIONAL OFF-PREMISE SIGNS, CASE NUMBER Z98-08. AGENDA ITEM#20- CONSIDERATION OF ORDINANCE 98-16,AMENDING CHAPTERS 1 AND 6 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO DEFINE OFF-PREMISE SIGNS AND ONLY PERMIT DIRECTIONAL OFF-PREMISE SIGNS, CASE NUMBER Z98-08. Mayor Miles stated Agenda Items #19 and #20 would be moved up on the agenda at this point. He recessed the Regular Session of the Town Council and opened the public hearing at 6:37 p.m. Planner Geir Sverdrup stated Ordinance 98-16 was created to define a temporary off-premise directional sign and specifically prohibits non- directional signs. Vice Mayor Wiggishoff asked if some of the signage on Saguaro would be removed if this ordinance was enacted. Mr. Sverdrup said the temporary off-premise signs had been prohibited on Shea Boulevard in a previous ordinance and that this ordinance would prohibit non-directional signs. Mayor Miles closed the public hearing at 6:30 p.m. and reconvened the Regular Session of the Town Council. Councilman Lawrence MOVED to approve Ordinance 98-16, Case Number Z98-08 as presented. Councilman Mower SECONDED the motion. Vice Mayor Wiggishoff stated she thought the intent of the ordinance should Noy have decreased the number of signs and that the enforceability of the ordinance was questionable. The motion CARRIED unanimously. Town Council Regular Session 4/16/98 Page 2 of 9 AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 1998-21, SUPPORTING THE FOUNTAIN HILLS AMERICAN LEGION AUXILIARY IN THEIR "SHOW YOUR COLORS" CAMPAIGN TO PROMOTE SUCCESSFUL PASSAGE OF THE "FLAG PROTECTION AMENDMENT'. Town Manager Paul Nordin stated Resolution 1998-21 supported the proposal of an amendment to the Constitution regarding protection of the American flag. He stated Councilman Poma had initially sponsored this item. Councilman Apps MOVED to approve Resolution 1998-21. Councilman O'Brien SECONDED the motion. Vice Mayor Wiggishoff encouraged all residents to become informed about the pending legislation. The motion CARRIED unanimously. AGENDA ITEM #10 - CONSIDERATION OF ACCEPTING THE RECOMMENDATION OF THE CITIZEN COMMITTEE FOR THE 1997/98 DISTRIBUTION OF LOCAL TRANSPORTATION AUTHORITY FUND MONIES. Town Clerk Cassie Hansen stated $9,900 was available for distribution in LTAF funds this year. A five-citizen committee reviewed applications from ten local organizations who had requested assistance through LTAF funds. The committee recommended distribution of the LTAF funds as presented in the Council packet. Councilman Mower MOVED to approve the recommendations of the committee for distribution of LTAF monies. Vice Mayor Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#11 - CONSIDERATION OF APPROVING CONTRACT#FP-018 IN THE AMOUNT OF $165,565 TO E-GROUP, INC. FOR DESIGN, CONSTRUCTION DOCUMENTATION, AND DESIGN REVIEW SERVICES FOR FOUNTAIN PARK. Mr. Nordin stated that the design services of E-Group was requested in a standard contract. Mayor Miles questioned the timeliness of approving a contract for design services when the $1.6 million Master Improvement Plan for Fountain Park had not been approved by the Council. Mr. Nordin stated changes to the improvement plan could be made as necessary in the future. Mayor Miles suggested Council discussion on the improvements for Fountain Park be accomplished prior to approving a contract for design services. Vice Mayor Wiggishoff said concerns had been expressed previously regarding the proposed budget for Fountain Park. She stated that while it was possible to advance the design fees for the project if a corresponding reduction in next year's budget were made, the proposition was made more difficult because no initial budget had yet been approved for Fountain Park improvements. Councilman Apps concurred with the fact that future discussions should be encouraged before any contract was entered into for design services. Vice Mayor Wiggishoff MOVED to table discussion on this matter pending approval of the improvement plans for Fountain Park. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#12 - CONSIDERATION OF APPROVING CHANGE ORDER#5 IN THE AMOUNT OF $50,250 TO MARKHAM CONTRACTING, INC. FOR ADDITIONAL CONCRETE SIDEWALKS AT GOLDEN EAGLE PARK. Mr. Nordin stated Change Order #5 would provide for replacement of the loose granite surface presently used for a sidewalk path to a concrete sidewalk around the softball and hardball fields and areas around the parking lot and existing facilities. Mayor Miles asked why this matter shouldn't be included in next year's budget request. Mr. Nordin stated that the construction work had been recently been completed and it was now an opportune time to complete the sidewalk work. Vice Mayor Wiggishoff asked about the additional funding source for the sidewalk project. Mr. Town Council Regular Session 4/16/98 Page 3 of 9 Nordin stated that the School District had an "adjacent ways" funding capability and could obtain monies for this project from that source to reimburse the Town. Robin Goodman, Director of Parks and Recreation, stated School Superintendent Walt Dunne had indicated that this walkway project and additional projects connected with the Four Peaks project, Phase I, would fit into the criteria required for assisted funding. Councilman Apps stated he was concerned about the safety and visual aspect of having a lot of concrete surfaces around the park. Councilman Lawrence stated that walking paths provided an opportunity for more citizens to use the facilities at the Park. Councilman Lawrence MOVED to approve the Change Order #5 for Golden Eagle Park with Markham Contracting concerning the concrete sidewalk as presented by staff. Vice Mayor Wiggishoff SECONDED the motion. In response to questions from Councilman Mower, Director Goodman assured the Council that the money for this project would be reimbursed by the School District. The motion CARRIED with a 4-2 vote. Councilmen O'Brien and Apps cast the nay vote. AGENDA ITEM#13- REPORT/UPDATE BY PUBLIC SAFETY DIRECTOR STEVE GENDLER ON THE RECENT INCREASE IN DRUG INCIDENTS AT THE JRJSR.HIGH SCHOOL. Marshal Steve Gendler addressed the Council relative to the increased drug activities at the local High School. He informed the Council that since the high school campus had been designated as a drug-free zone, enforcement discretion was limited and prosecution was mandated on every drug violation. He said two full-time police officers had been assigned to enforce the drug-free zone provisions and that he was encouraged by a 30% reduction in drug violations had been attributed to the presence of officers on the campus along with drug testing, educational efforts and community based assistance from the Cattleguard Alliance. Recent drug-related incidents had increased to such a level that increased visibility of officers and enforcement tactics had been used. He suggested the involvement of concerned parents was significant in solving the present problems in addition to law enforcement efforts. Councilman Lawrence referred to a report from the Marshal's Department, which had specified that fifteen consecutive days with drug-related incidents on the high school campus. He stated he wanted the public to be aware of this information and encouraged comments from school officials about this situation. Nan Lesnick, a School Board member, told the Council the School Board was aware there was a bigger problem in the schools than ever before and also that the Board honored the confidential status of families seeking help. She stated the Board was concerned about the permissiveness of parents in conjunction with drug incidents. Gary Corcoran, Assistant Principal of the High School, stated the attitude of students and parents needed to be changed to resolve the current problems. He said ongoing joint efforts with the Cattleguard Alliance had been a positive measure in addressing and identifying the issues regarding drug prevention. A drug-alliance group had been formed at the high school called SADD (Students Against Destructive Decisions) and were in the process of organizing services from outside agencies with peer mentoring from other students. He said changing attitudes starting with third grade students to high school students were being examined. He suggested the community require outside recreational activities to have more accountability with students during the weekends. Councilman Apps thanked Mary Marsh for her participation with the Cattleguard Alliance. He stated that younger kids were being approached to buy and use drugs and that the average age of 15 years and three months was upsetting. He noted that additional efforts in drug testing, treatment and referral programs would be required after the initial confrontation during an incident. Tony Bass, Image Recovery, stated that students knew locations where drugs were available. He said the denial when the parents were confronted with the student's problems could be corrected through educational efforts, which could be a slow, but successful process. Councilman Lawrence suggested that one Councilmember be a designated member of the Cattleguard Alliance group to enable the group to use any Town facilities and resources to assist them in their quest to solve drug Town Council Regular Session 4/16/98 Page 4 of 9 problems in the Town. This representative could also keep the other council members informed of the progress made by the group. Mary Marsh from the Cattleguard Alliance stated a letter of invitation would be forthcoming. AGENDA ITEM #14 - REPORT BY TOWN MANAGER PAUL NORDIN ON FUNDING OPTIONS FOR THE PROPOSED COMMUNITY CENTER, WITH POSSIBLE DIRECTION TO STAFF ON HOW TO PROCEED WITH THE PROJECT. Mr. Nordin conducted a presentation of funding options for the Community Center project which included a general obligation bond, a municipal property corporation, and funding of cash from Town funds. He stated that a $6 million general obligation bond, which would require a public vote of approval, would be paid off through property taxes estimated at about $.60-$.65 per thousand dollars of assessed value. The municipal property corporation option would be approved by Council and would require any excise tax revenues without a public vote. The principal and interest payments would be paid through current revenues. Mr. Nordin stated the financial planning for the expenditure of these funds over the past five years provided a viable option. The last option was to pay cash for the construction of the building but five to six additional years of savings would be required. He said voter approval of a capital accumulation fund would be required in order to exceed the state imposed spending limitation in the fiscal year that the building would be constructed. Mayor Miles said he thought the voters would most likely opt to fund the project with no additional property tax increase. He asked Mr. Nordin when the Council should make a decision regarding the funding options. Mr. Nordin responded that the Town had$1.5 to $2 million cash available as a down payment at this time which, would fit in under the existing spending limitation requirements. He said the architect, Robb Dietz, had addressed the current, rising building costs and had estimated the cost for the community center now at $7.5 million. He stated the Council could wait until the exact estimates were available. Mayor Miles said he was concerned about the architect's credibility in estimating the price tag of the project since the numbers had changed so much and so frequently. Mr. Nordin responded by saying that he was impressed by the fact that the current architect had kept the Council informed of the possibility of increased costs in the last three to four months rather than waiting until the date bids were due. Mayor Miles said he preferred to wait until final estimates were in place before making a decision regarding funding options. Councilman Apps said input was needed relative to the $3 million projected costs to owners in the Plat 208 Subdivision. Town Attorney Bill Farrell suggested that staff be given direction to start the formation of a municipal property corporation and to have that option in place by the time a decision as to funding options would be required. Councilman Lawrence stated he preferred to wait until more final estimates were available. Mr. Nordin stated a presentation would be made to the Council regarding estimated costs for the Community Center at the second Council meeting in May and a possible study session on May 1961 . AGENDA ITEM #15 - DISCUSSION AND POSSIBLE ACTION REGARDING DIRECTIONS TO STAFF FOR AMENDMENTS TO THE HILLSIDE DISTURBANCE PORTIONS OF THE TOWN'S SUBDIVISION ORDINANCE. Town Attorney Bill Farrell stated concerns had been expressed resulting from the recent approval process for the Firerock area specific plan. The interpretation aspects of the Subdivision Ordinance to determine if new amendments to the Subdivision Ordinance applied to preliminary plats previously submitted. His opinion stated that any subdivision ordinance amendment would apply to non-approved preliminary plats but would not apply to a final plat which had been approved or a building permit which had been issued. He asked for direction from the Council to identify a clearer way to review hillside disturbance portions in future plats. Mayor Miles stated two kinds of amendments could be presented to the Council for consideration. One type would clear up ambiguities in the ordinance and the other type, which would contain more restrictions. He said he was concerned about a "taking" and the increased likelihood of a lawsuit. Mr. Farrell stated other issues including roadways, on-site water retention, grading and transfer options could also be addressed with further study and more specific language. Town Council Regular Session 4/16/98 Page 5 of 9 Councilman Mower MOVED to direct staff to study the Subdivision Ordinance, identify specific areas of cow concern, and advise the Council of recommended changes. Vice Mayor Wiggishoff SECONDED the motion. Councilman Mower suggested a definition of a water reservoir be included in future amendments. Mr. Farrell stated amendments were not obligated to be presented to the Planning & Zoning Commission and the Council could approve amendments with a super majority vote. The motion CARRIED with a 5-1 vote. Councilman Lawrence cast the nay vote. AGENDA ITEM #16 - CONSIDERATION AND POSSIBLE ADOPTION OF A TRAFFIC DEVICE/CALMING POLICY THAT WOULD GOVERN THE INSTALLATION OF STREET SIGNS, PAVEMENT STRIPING, SPEED HUMPS, RUMBLE STRIPS, TRAFFIC ISLANDS AND CIRCLES, AND OTHER SIMILAR TRAFFIC CALMING OR SPEED REDUCING DEVICES. ALSO CONSIDERED WILL BE THE POSSIBILITY OF APPLYING THE POLICY RETROACTIVELY TO THE HAWK DRIVE SPEED HUMP SITUATION. Town Manager Nordin stated both the adoption of the policy and whether the policy should be retroactively applied to Hawk Drive were the next topic. The process and program documents were again considered in their final form after much input had been received. He pointed out on Page 2 of the Process document detailed the criteria whereby the Town would assume the costs of traffic calming measures. Councilman Lawrence stated he was concerned about language in Page 10 of Section 2 and said he thought that data acquired from speeding traffic counts should not be given to residents. Mr. Nordin agreed to make this change. Councilman Apps MOVED to approve the traffic device/calming policy as presented. Vice Mayor Wiggishoff SECONDED the motion. Councilman Mower stated he was concerned about Page 1, Paragraph C in Section 2 had language that should be changed to "require" attendance of the Town Engineer and a uniformed police officer. This change was agreed upon also. Mr. Nordin commented the regular height of a speed hump was 3 '/2" and it was suggested by Vice Mayor Wiggishoff to allow the Town Engineer to specify the height of any speed hump to allow for future flexibility during the trial period. Dave Dawkins, living at Hawk & Inca, asked about the speed hump and nimble strip policy and notifying property owners within 50' of each side of the proposed device. Mr. Nordin stated the policy specified the 50' measure rather than specify notifying adjacent property owners due to the size of the lots. A 75%approval rating would still be needed within the boundaries of a certain district. Mr.Dawkins also asked about the definition of an affected area. Town Engineer Randy Harrel explained that Palomino, El Lago and El Pueblo were classified as major collectors and the policy would not apply to these streets. Mr. Nordin stated the major collector streets could be addressed the same way all traffic concerns and considerations were and the Council would be made aware of additional concerns. The motion CARRIED unanimously. Mr. Nordin recommended the Council designate the policy to be retroactive to the Hawk speed bump process, but the monetary consideration should not be implemented retroactively as this project was experimental in nature. Councilman O'Brien MOVED that the policy regarding petition and placement of the speed bumps be applied to the Hawk/Inca project. Mayor Miles SECONDED the motion. Councilman Lawrence stated that since the Town had implemented other traffic calming changes on other streets,he felt implementing the policy on the Hawk project was inconsistent. Councilman Mower stated he was opposed to approving a retroactive policy to the Hawk Drive project since this project was subject to a trial period. Town Engineer Randy L., Harrel stated that other traffic calming measures such as extensive law enforcement, striping, and adding stop signs had been used. Mr.Nordin added that traffic counts and the use of radar guns had also been used. Town Council Regular Session 4/16/98 Page 6 of 9 Councilman O'Brien WITHDREW his motion and Mayor Miles WITHDREW the second to the motion. The matter was moot. AGENDA ITEM #17 - CONSIDERATION OF A REVISED LEASE AGREEMENT WITH THE SUNSET KIWANIS CLUB FOR THE KIWANIS BUILDING. THE LEASE WOULD PROVIDE FOR THE EXCLUSIVE USE OF THE BUILDING, DURING THE WEEKDAY HOURS, FOR TOWN SPONSORED ACTIVITIES. Town Attorney Farrell stated that after several meetings, a final draft of the lease agreement had been distributed to the Sunset Kiwanis Club. Mr. Nordin stated that Bob Travis, a representative of the Sunset Kiwanis group, had indicated approval of the revised agreement. Councilman Mower MOVED to approve the revised lease agreement as presented. Councilman Apps SECONDED the motion,which CARRIED unanimously. AGENDA ITEM #18 - CONSIDERATION OF ESTABLISHING THE DATE AND TIME FOR THE HEARING ON PROTESTS AND OBJECTIONS FOR THE COTTONWOODS IMPROVEMENT DISTRICT AND COTTONWOODS MAINTENANCE DISTRICT. Mr. Nordin requested the Council set the date of May 7th, the next Council meeting, as the date for a public hearing on protests and objections for the Cottonwoods Improvement District. Vice Mayor Wiggishoff stated that out of 59 lots, only five owners did not sign the petition approving the district and that four letters had been received. A public hearing to hear protests was the next stop in the formation of the district. tilmor Vice Mayor Wiggishoff MOVED to set a hearing for May 7th to hear protests and objections relative to the Fountain Hills Cottonwoods Improvement and Maintenance Districts. Councilman Mower SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #21 - CONSIDERATION OF AUTHORIZING AN UNBUDGETED EXPENDITURE IN THE AMOUNT OF$33,000 FOR TOWN ENTRANCE SIGNS AT THE NORTH AND EAST ENTRANCES OF FOUNTAIN HILLS. Tom Ward, Senior Engineering Inspector, explained that the entrance signs would be placed at Fountain Hills Boulevard as you enter the town from Rio Verde and the other location was on the north side of Shea Boulevard as you enter the Town limits from the Beeline Highway. The entrance sign would be a concrete wall with 12" high letters, the Town logo, boulders, landscaping, trees, and lighting. Mayor Miles asked if 12" letters would be tall enough. Mr.Ward said he had measured the letters on the Palisades entry sign and the one at Saguaro and Shea and that the new entrance signs would be the same as the existing signs. Councilman Mower MOVED to approve the expenditure of the two entrance signs as presented. Councilman O'Brien SECONDED the motion. Bruce Hansen suggested the sign on the western end of Shea Boulevard be removed. The motion CARRIED unanimously. AGENDA ITEM #22 - CONSIDERATION OF THE POSSIBLE REMOVAL OF PLANNING AND ZONING COMMISSIONER MARGARET GELINAS FOR EXCESSIVE ABSENTEEISM. L.,, This item was not discussed due to the resignation of Mrs. Gelinas from the Planning and Zoning Commission. Town Council Regular Session 4/16/98 Page 7 of 9 AGENDA ITEM#23- CALL TO THE PUBLIC. No one came forward to speak from the public. AGENDA ITEM#24- PURSUANT TO A.R.S. 38-431.03.A.1; VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENTS PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. THE COUNCIL WILL BE DISCUSSING POSSIBLE RE-APPOINTMENT WITH MAGISTRATE STUART SHOOB. Vice Mayor Wiggishoff MOVED to go into Executive Session. Councilman Mower SECONDED the motion,which CARRIED unanimously. Mayor Miles recessed the Regular Session of the Town Council and stated the Executive Session would begin after a short recess at 8:30 p.m. AGENDA ITEM#25- RETURN TO REGULAR SESSION. Mayor Miles reconvened the Regular Session of the Town Council at 8:40 p.m. AGENDA ITEM#26-ADJOURNMENT. Mayor Miles adjourned the meeting at 8:40 p.m. L Town Council Regular Session 4/16/98 Page 8 of 9 TOWN OF FOUNTAIN HILLS (11161, By: Je files,Ma 1 A!TEST: (� Cassie B.Hansen,Town lerk • PREPARED BY: a✓\�. "'"' J Linda D. Lemmen,Administrative Assistant CER I lFICATION 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 16th day of April, 1998. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of May, 1998. ‘\4.6 Cassie B.Hansen, own Clerk L Town Council Regular Session 4/16/98 Page 9 of 9