HomeMy WebLinkAbout1990.0412.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
APRIL 12, 1990
A special session of the Fountain Hills Town Council, open to the public, was
convened and called to order by Mayor John Cutillo at approximately 6:34 p.m. on
Thursday, April 12, 1990, in the Fountain Hills School District Administration
Building located at 14605 N. Del Cambre Ave., Fountain Hills, Arizona.
ROLL CALL - Present for roll call were the following members of the Fountain
Hills Town Council: Mayor John Cutillo, Vice Mayor Mike Minarsich and
Councilmembers Marti Lemieux, Joe Bill, Charlie Fox and Dick Haugen. Absent was
Councilman Harry Barber. Also present were Town Attorney Bill Farrell and Town
Clerk Cassie Hansen.
AGENDA ITEM #2 - ACCEPTANCE OF MINUTES
Councilman Fox made a MOTION to accept the minutes from the April 5, 1990
meeting. SECONDED by Vice Mayor Minarsich and CARRIED unanimously.
AGENDA ITEM #3 - PRESENTATION BY CHUCK CLARK ON THE 4TH OF JULY
Chuck Clark spoke to the council on behalf of the Fountain Hills Chamber of
Commerce, MCO Properties and KMLE Radio regarding the 4th of July Celebration.
He said they know there were quite a few problems last year and they discovered
that they had not done sufficient planning for an event that was so well
attended. He said their major concerns are those dealing with the safety,
welfare and convenience of the residents of Fountain Hills. He said that they
were under tight time constraints and the acts needed to be booked immediately
and that was why they were coming before the council now. Mr. Clark then
introduced Jim Schmidt, the Deputy Director of the Phoenix Transit System, a
private business in Phoenix which deals with traffic planning, movement and
control who has been hired to help solve the traffic problems for the event. Mr.
Schmidt gave the council a handout (attached) which outlined all of the areas he
was researching for the 4th. He said that safety was their primary concern and
that they would be making an analysis of last year in order to start planning for
this year. He said he felt the traffic problem could be dealt with and that the
DPS, the Countv Sheriff and the Scottdale Police have all offered to work
together on the project. Councilman Haugen asked what the purpose was of the
event and Mr. Clark replied that it was to bring attention to Fountain Hills and
provide an opportunity to invite people to the town who have never been here
before. He also said the maximum number of people that could be handled would
be about 125,000, and that was about the number that attended last year. Mr.
Schmidt said the rough plans would be done in about 2 to 3 weeks. Mr. Clark said
there would be substantial liability coverage and the town would be indemnified
by MCO since it's their property. He further said that IiMLE would indemnify the
Chamber, MCO Properties and the town and the Chamber would also have coverage
themselves. Mr. Clark said he needed a commitment from the council on this event
even though some of the facts have not been substantiated.
AGENDA ITEM #4 - APPROVAL OF THE 4TH OF JULY CELEBRATION
Town Council Minutes 4/12/90
Page 1 of 7
Town Attorney Bill Farrell said the code of ordinances which the council will
adopt will have provisions for special events but none are in place right now.
Because of this he said the negotiations made now would have to be on an informal
basis. He said the council had the authority to grant permission for use of the
roads subject only to coordination with the public safety officials and that it
was not unusual to require substantial hiring by the event sponsors of off duty
personnel, public safety personnel, extra sheriffs deputies and law enforcement
officers, sanitary provisions, etc. He said the council had authority to give
them a verbal commission and use this learning process to develop a good set of
guidelines for the next fiscal year. Vice Mayor Minarsich made a MOTION to
approve the general plan as laid out before the council by Mr. Clark to go forth
for the 4th of July celebration. SECONDED by Councilman Bill. Tim Yoder from
the fire district said they are working positively with Chuck and with the
councils concurrence to proceed, they will proceed with all of the things they
need to do to satisfy the requirements of the fire district. He said the fire
code can prohibit functions such as this if they don't meet the standards of the
code. Councilman Fox made an AMENDMENT TO THE MOTION that the council accept
with future submittals of insurance policies. SECONDED by Vice Mayor Minarsich.
The amended motion CARRIED unanimously and the original motion CARRIED
unanimously.
AGENDA ITEM #5 — SELECTION OF LOGO AND SLOGAN
Due to the fact that the crystal was not submitted under the original contest
rules, the Logo Subcommittee would not endorse the crystal for the town logo.
Instead, they submitted revised versions of #2 and #4 that the council had
previously voted on, and one additional version, labeled #1, that was similar to
the crystal but submitted under the contest rules and would be revised to
resemble the crystal. Much discussion from the public ensued ranging from advice
to run the final logos in the paper and letting the public decide to strictly
adhering to the original rules because not doing so reflects poorly on the image
of Fountain Hills. Councilman Haugen made a MOTION to accept #2 with the
revisions, SECONDED by Councilman Fox. The motion FAILED, 2 aye votes to 4 nay
votes. Councilman Bill made a MOTION to accept design #1 with the understanding
that it will be modified to become similar to the design that was used for the
crystal. SECONDED by Councilwoman Lemieux. The vote was a deadlock, 3 to 3.
Councilwoman Lemieux made a MOTION to take all of the logos before them and
publish in the newspaper for the citizens to decide, SECONDED by Councilman Bill
for the sake of a discussion. Councilman Fox said he was totally against that
since the council directed the committee to take the logos before them back for
modification, that the committee fulfilled that directive and the council should
now decide. Councilman Bill said the council had gotten into a no win situation
with the community and the final decision should be left up to the community.
Councilman Fox said the decision was up to the council and just because they
couldn't decide, it should not be pushed off on the public to decide. Comments
from the public were made saying the council was there to make decisions and
that's what they should do. Councilman Bill suggested that the council consider
allowing the council to choose the logo tonight by way of which ever one gets the
most votes rather than a majority. The motion FAILED unanimously. Councilman
Bill made a MOTION that the council choose a logo this evening by way of
whichever selection receives the most votes from the councilmembers. SECONDED
Town Council Minutes 4/12/90
Page 2 of 7
by Councilman Fox. Wally Hudson expressed the worry that
legal. Mr. Farrell said a majority was only required
resolutions, not motions. The motion CARRIED unanimously.
voted on each one of the logos and the vote was as follows:
#1 3 votes
#2 no votes
#4 3 votes
that would not be
for ordinances and
The council then
Again, the council was deadlocked. Mayor Cutillo suggested that the council vote
again and try to get a vote change. The vote was as follows:
#1 5 votes
Logo #1 received a majority of the votes and became the town logo.
Mayor Cutillo then made a MOTION to accept the slogan 'Fountain Hills, All That
Is Arizona", SECONDED by Vice Mayor Minarsich and CARRIED unanimously.
AGENDA ITEM #6 — DISCUSSION AND ACTION ON PROPERTY SUBCOMMITTEE RECOMMENDATION
Vice Mayor Minarsich went over the lease agreement (attached) with the council.
He said exibit A showed a site plan drawing and Councilman Fox said there was a
correction to this, that the hallway by the kitchen would remain unblocked. The
Vice Mayor then walked the council through the plan. He said the space marked
Planning Director could be used for other purposes if the council so chose.
Mayor Cutillo said he had a problem because some of the problems with using the
library was lack of privacy for certain staff members and that there was a very
large open area on the proposed plan that would not supply that privacy.
Councilman Fox said much of the staff would be using the room dividers that the
town had already purchased. The Mayor asked if the subcommittee was recommending
that there not be a separate mayor office and the Vice Mayor said the jury was
still out, that they had checked with other cities and towns and the feeling on
that was diverse. He further said that it was not part of the lease question and
the council could decide on that matter at a later time. He also said the
Planning Directors office could become the Mayors office and that would put the
Planning Director in a cubicle out in the open area. Councilman Fox said he had
contacted 23 cities in the state and said he found that only large cities over
70,000 had separate offices for the mayor and council chambers. Vice Mayor
Minarsich said the conference room could be used as a shared use room for all
council members. Traffic patterns of the layout were then discussed. Mayor
Cutillo expressed his concern over not having a separate office for the mayor,
how it would affect the image of the town, where the mayor would meet other
dignitaries, keep information that he shares with other people coming to him,
etc. The Vice Mayor reiterated that they were there to decide on the total
office plan and that the three offices presently labeled as manager, planner and
clerk could be changed as the council sees fit. Mayor Cutillo said he felt that
the lease office space should have space for the proper offices if the council
is going to approve it for a 3 year period. It was decided to proceed with the
understanding that the offices could be labeled as the council decided. The Vice
Mayor said they had obtained quotes from 4 architects to make the drawings and
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Page 3 of 7
plans for the area. He said the low quote was approximately $2,300. Councilman
Haugen expressed concern over the 90 day clause and Mr. Farrell said the council
could condem the property and exercise their right of eminent domain. Following
a discussion of utilities, which Councilman Fox said would be about $580.00 a
month, Mr. Farrell said there were a few things in the lease that would have to
be clarified. Councilman Fox made a MOTION that the Town accept the draft lease
subject to the attorney's approval and amendments as the full council, along with
that to get the permits under way, that the council also approve up to $2,300.00
for blueprints that will be required for permits, with a $500.00 retainer to be
paid. SECONDED by Councilman Bill and CARRIED unanimously.
AGENDA ITEM #7 - DIRECTING THE ATTORNEY TO WRITE A LETTER OF INTENT TO CONTRACT
WITH THE CIVIC ASSOCIATION TO MANAGE THE COMMUNITY CENTER
Mr. Farrell asked to receive some final direction as to the interim period
between now and the end of the first fiscal ,year, June 30th, so that they could
start the process of bringing the revenues and expenses of operations into the
town budget while continuing the service to the community. He said the liquor
question has been cleared with our insurance carrier and that they've been in the
process of developing some terms and conditions based on the lease agreement that
is currently being used, perhaps expanding it somewhat. He said if there was
anything else the council wanted in the letter of intent other than exchange of
service, fee, proper insurance protection and rules and regulations, now is the
time he would need to know. He further clarified that Evelyn Breting would
remain as an employee of the Civic Association. Vice Mayor Minarsich made a
MOTION to prepare a letter of intent to contract with the Civic Association for
management of the Community Center and to record the deeds of the Civic
Association property. SECONDED by Councilwoman Lemieux and CARRIED unanimously.
AGENDA ITEM 4f8 - SELECTION OF TOWN MANAGER
Mayor Cutillo reported that there were seven very good candidates who were
interviewed in executive session but the decision was more difficult than
anticipated so no decision had yet been made. The item was therefore tabled.
AGENDA ITEM #9 - CALL TO THE PUBLIC
Stan West suggested the council get an over head projector so the public could
see what the council was talking about when they were going over written
materials. Loras Rauch asked that the county be requested to paint the edge
lines 5 112 on the streets feet from the curb in anticipation of one day having
bike lanes and alleviating extra costs when the time comes.
Mayor Cutillo asked to take notice that Councilmembers Clark and O'Brien were in
attendance.
AGENDA ITEM #10 - ADJOURNMENT
Councilman Haugen made a MOTION to adjourn, SECONDED by Councilman Bill and
CARRIED unanimously. The Council adjourned at approximately 8:15 p.m. to take
a five minute break before going into work/study session.
Town Council Minutes 4/12/90
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TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
APRIL 12, 1990
The council went into work/study session at approximately 8:30 p.m.
POLICE
Councilman Fox handed out a draft of the proposed contract for police protection
with the Sheriff's Department. He said the subcommittee had looked at all
contracts that the Sheriff's Department had entered into with other cities and
towns. He said the contract was subject to review and approval of the council
and legal counsel, to give the committee suggestions and recommendations so they
can make changes and come up with a final copy. He would like that done by early
next month so negotiations could be entered into with the Sheriff's Department.
Committee members Ken Sparks and Ron Dean then went over the contract with the
council. Suggestions were made along the way, noted by the committee members for
future revisions. Mayor Cutillo asked that the section referring to emergencies
be made more specific. The role of the Town Marshall was discussed as far as
enforcing local ordinances. Mr. Farrell pointed out that no other communities
had signed for detention services at this time and he advised that those portions
of the contract be deleted. Provisions for equipment purchased under grants was
covered as well as its maintenance. Wally Hudson says the county carries no
insurance and would issue us a certificate of self-insurance. The report
concluded with a discussion on the 1.5 beat covered in the contract.
CABLE
Dennis Contino reported that the subcommittee was meeting every week to work on
the ordinance.
CITIZEN PLANNING
Mayor Cutillo reported that he had attended a final Town Hall meeting and that
committee sent a message to the council hoping that the ideas and recommendations
that came out of the Town Hall would be put to good use by the council. He also
reported that as a direct result of the intergovernmental subcommittee which
recommended using school facilities as a joint use between community recreation
and school, he has asked Mike Scharnow to chair a recreation committee. Mike
reported that he has pulled a committee together and they would start meeting
next week to identify some goals to lay groundwork for long term needs.
FINANCE
Councilman Fox said they were finalizing the first rough draft of the 90-91
budget and it would probably be ready by the next work session.
INSURANCE
Councilwoman Lemieux reported that they were not meeting. Wally Hudson asked who
was working on health benefits for town employees, that he had given a proposal
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Page 5 of 7
to the town manager and health insurance would now have to go out to bid. He
said their recommendation closely followed the plan currently used by the road
district.
PUBLIC RELATIONS & CENSUS
Vice Mayor Minarsich reported that early reports on the census reflected only a
50% return on the census. He also said flyers had been distributed and that now
word of mouth was probably the most effective route to go at this point. It was
requested that the press carry a story updating the public on how they can be
counted if they have not been contacted yet.
INTERGOVERNMENTAL
Councilman Bill reported that they had met and discussed the use of the proposed
park which would be adjacent to the new school, who would maintain, develop, etc.
They reached an informal agreement with the school that it would be appropriate
for the town to assume ownership and maintenance of that property and that it
would be favorable for the council to endorse that. MCO is willing to assist in
the initial development of the park but before committing any funds to that they
are looking for some kind of a committment from the council that the town will
also assist in the development of the park. $560,000 is the total cost for phase
I which would include a baseball field, 2 softball fields, 1 soccer field, 6
tennis courts, 6 volleyball courts, 4 racquetball courts, 4 basketball courts,
1 activity building and one softball control building. He said they were going
to have an intergovernmental agreement drafted to be reviewed by the council to
allow for the use of school facilities by the community for recreation.
PERSONNEL
Councilman Bill said there was no report.
OFFICE FACILITIES & PROPERTY
Vice Mayor Minarsich said he had no further report since his committee made their
recommendation during the special session earlier. Councilman Bill expressed his
feeling that there be appropriate space for a mayor and that he would like to see
the subcommittee research this on behalf of the council. Vice Mayor Minarsich
said more extensive research had been done on this but it was not their intent
to cover it while going over the lease agreement. He said they would be giving
the council a report on their findings at a later time.
TOWN CODES
Councilwoman Lemieux reported that they were meeting 2 nights a week and that
they are about 3/4 through the code book, making many revisions along the way.
Mr. Farrell advised that the council give the code book a great deal of their
attention when they receive the revised copy, that a week would probably not be
sufficient to review it to the extent it should be.
TOWN MAGISTRATE
Town Council Minutes 4/12/90
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Councilwoman Lemieux reported that 6 candidates would be interviewed on Saturday,
April 21, 1990 for position of magistrate. She said there were 22 applicants,
1 finalist was from Fountain Hills and the other 5 finalists were from the
valley. She reported that she and Mary Wood were the only two members on the
committee at this time.
TOWN ROADS
Councilman Fox said his committee was discussing transitional issues involved in
the road districts being taken into the town. He said they are also studying the
traffic light issue at Palmer and Saguaro and that the general concensus of the
people living in the area is that they would like a traffic light installed
there. He also said that the committee was now comprised of: Ralph Knight. Ray
Baldwin, Bob Pollack, Clike Minarsich and himself.
PLANNING & ZONING
Councilman Haugen reported that the attorney has a draft of the zoning ordinance.
Copies will be made for the subcommittee to review. Mr. Farrell will send his
recommendations in memo form to Councilman Haugen before his committee meets
again.
The council adjourned the work/study session at approximately 9:40 p.m.
TOWN OF^FOUNTAIN HILLS
By. �� ��,' 1 l -
John Cutillo, `Mayor
Y
ATTEST: e �-1 ICJ�Q
,
Cassie B. Hansen, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the special session and work/study session of the Town Council of
Fountain Hills held on April 12, 1990. I further certify that the meeting was
duly called and that a quorum was present.
C(a, � � Cassie B. Hansen, Town Clerk
/ 990.
Town Council Minutes 4/12/90
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