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HomeMy WebLinkAbout1991.0418.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL
APRIL 18, 1991
A public meeting of the Fountain Hills Town Council was convened and called to
order by Mayor John Cutillo at 6:30 p.m. , Thursday, April 18, 1991, in the
Fountain Hills School District Administration Building located at 14605 N. Del
Cambre Ave. , Fountain Hills, Arizona.
ROLL CALL - Following the pledge to the flag and the invocation by Rev. Steve
Frazier of the Fountain Hills Presbyterian Church, roll call was taken. Present
for roll call were the following members of the Fountain Hills Town Council:
Mayor John Cutillo, Vice Mayor Frank Clark and Councilmembers Wally Hudson, Mike
Minarsich and Peg Tibbetts. Absent was Councilman Bill O'Brien. Councilman
Charlie Fox came in at approximately 6:55 p.m. Also present were Town Manager
Paul Nordin, Town Attorneys Bill Farrell and Nick Dottermann, Director of
Community Development Gary Jeppson and Town Clerk Cassie Hansen.
AGENDA ITEM #2 - ACCEPTANCE OF THE MARCH 5TH, 7TH, 21ST„ 28TH AND APRIL 2ND AND
4TH 1991
Councilman Minarsich made a MOTION to approve the minutes of the various meetings
as printed. SECONDED by Vice Mayor Clark and CARRIED unanimously.
AGENDA ITEM #3 - PRESENTATION BY ERV TRISKO OF A FOUNTAIN HILLS FLAG
Mayor Cutillo introduced Ery Trisko who presented a Fountain Hills flag to the
Town from the Citizens for Self Government.
AGENDA ITEM #6 - DISCUSS AND POSSIBLY ACT UPON RESOLUTION 1991-17, PETITIONING
THE ARIZONA STATE LAND COMMISSIONER AND THE STATE LANDS SELECTION BOARD, PURSUANT
TO A.R.S. SECTION 9-471, SUBSECTION (A)(1). TO AUTHORIZE THE ANNEXATION OF
CERTAIN STATE TRUST LANDS LYING CONTIGUOUS TO THE TOWN OP FOUNTAIN HILLS
Mayor Cutillo asked to jump to this agenda item since so many of the citizens in
attendance were there for this item. Mayor Cutillo then explained that what the
Council was doing with regards to this resolution would not change the use of
this land. He said that it was state land now and would be state land if the
Town annexed it. The Mayor further stated that what happened to it would be the
State 's determination, whether it was sold to a developer, kept by the State,
whatever. He said if the Town annexed it, the Town would have some kind of
control over what happened to it. If not annexed, the County would maintain
control. Councilman Minarsich made a MOTION to adopt: Resolution 1991-17.
SECONDED by Vice Mayor Clark. Much discussion ensued with the following members
of the public asking question and raising their concerns: Pat Lizzo, Jim
Summers, Donald Lightsen, Louise Ratchup, Serena Wood Westlake, Lynn Miller,
Betty Snyder, Joe Ratchup, Donald Lightsen, Bud Sanford, Russ Boocock, Susan
Strobl, Parker Scott, Ery Trisko and Stanley Snyder. Citizens expressed their
concern about this property being developed. Many of them claimed that they had
been told by realtors that this land was state land that would stay in its
present pristine state forever. Mr. Farrell explained the status of trust lands.
cireTown Council Minutes 4/18/91
Page 1 of 5
He said that these properties are owned by the State of Arizona, in trust for the
state education system. In 1983/84, the state urban lands act had been passed
which said that the state trust lands should be allowed to be offered for sale
and development so that the funds from those lands could be used for education.
He said a large number of transactions had occurred from that act. The state
land commissioner designates certain lands as urban lands that would be suitable
for development and then takes bids from any person or corporation who is
interested in purchasing that land. Mr. Farrell said that the State of Arizona
owned the land that the Town was considering annexing. If that land was sold to
any private corporation or individual, they would go to the Maricopa County Board
of Supervisors to determine what land uses could be put on that land. If the
Town of Fountain Hills annexed the land, the purchaser would come to the Town 's
Planning and Zoning Commission and ultimately to the Mayor and Council for
permission on land use. The control of what would go on that land would also lay
in the hands of the citizens who could give input at public meetings on what
would happen to that land. He did add that if the State wanted to build
something on that land, like a prison, there would be very little legally that
either the County or the Town could do to stop it.
Discussion continued with the citizens expressing concerns and the Council and
Attorney continued to answer questions in an attempt to clarify the situation.
Mr. Lynn Miller showed a video tape of a news cast where MCO officials were
questioned on the way they have presented the future use of the state land in
their sales presentations. Bud Sanford supported the Town annexing the state
land, stating that he thought it was a step forward and would give the Town some
say over what would be done with the land. Mr. Nordin explained that the passage
of this resolution was only the first of many steps in the annexation process.
The motion CARRIED unanimously.
AGENDA ITEM #4 — TOWN MANAGER'S REPORT
A. PROJECT UPDATE
1.Update on the Beeline Highway
Councilman Minarsich introduced Sgt. Bob Mitchell from the Department of Public
Safety who had come to address the Council on D.P.S. operations on the Beeline
Highway and answer any questions they may have. He was accompanied by Patrolman
Bob Martin. Sgt. Mitchell explained that he had nine officers to cover the
Beeline Hwy. and said that the problems they had had in the last four or five
months included losing two of his officers to Desert Storm. Last March, he had
an additional officer resign, reducing his numbers to six. Due to vacations, his
current regular staff was at five available officers to work one hundred and
fifty miles of highway. He discussed the problems with rush hour traffic,
available man hours, DUI drivers, activities promoting traffic along the Beeline
Hwy and the demands north of Shea Blvd. He said he expected to be up to full
strength within a couple of weeks. Sgt. Mitchell told the Council that they had
a very competent group of reserve officers. He did say that he could see
additional problems when the Beeline was widened because drivers would be more
apt to speed. Instead of a passing lane, he would rather have a law enacted so
that a minimum speed could be enforced, where slower traffic could be urged to
pull off the road, allowing faster traffic to move along at an uninterrupted
Town Council Minutes 4/18/91
Page 2 of 5
pace.
Officer Bob Martin spoke on what citizens could do to help the problems on the
Beeline. He said citizens can write down the license numbers and descriptions
of cars and drivers who are driving and passing recklessly and then call that
information into the Mesa Highway Patrol Office. He assured the audience that
something would be done with the information but that people had to give of their
own time and get involved. Officer Martin spoke against drivers who flash their
lights, warning oncoming traffic of the presence of law enforcement officers.
Mr. Nordin said he felt the Council and staff should continue to put pressure on
ADOT regarding the Beeline Hwy. and that he would continue to serve as point man
in this regard. Councilman Fox requested that staff get a copy of the original
request for proposal for the engineering work on the Beeline Hwy. Mr. Nordin
said that was his intent along with an updated version to see where the changes
lie.
2. Program of Work Update
Mr. Nordin said that the appropriate changes had been made to the program of work
since the work study session on Tuesday. Vice Mayor Clark made a MOTION that the
program of work update as amended this past Tuesday in the work session be
approved. SECONDED by Councilwoman Tibbetts and CARRIED unanimously.
3. Formulating a 5 Year Plan
Mr. Nordin asked that the Council act formally to authorize the preparation of
the five year plan. Vice Mayor Clark made a MOTION, asking to make particular
emphasis that the Council was not approving action on any of the items included
in the study, to approve staff performing or formulating a five year plan which
ultimately would include prioritizing all of the items listed in the agenda
tonight. SECONDED by Councilman Fox. Councilman Minarsich commented that he
would hate to limit the plan to just the items on the agenda and would like to
see alittle more flexibility in terms of selecting items to be considered.
Councilman Fox made a MOTION TO AMEND in this regard. Vice Mayor Clark said he
would certainly accept that and expand on it that it would include additions as
well as deletions as time progresses . It was clarified that the Vice Mayor s
comments were an AMENDMENT TO HIS ORIGINAL MOTION and Councilman Foxes motion to
amend was his SECOND TO THE AMENDED MOTION. The AMENDED MOTION CARRIED
unanimously. The ORIGINAL MOTION CARRIED unanimously.
B. DISCUSS AND POSSIBLY ACT UPON:
Mayor Cuti.11o asked to group the items under Agenda Item 4 .B. for approval .
Councilman Minarsich made a MOTION to approve the special event request by the
Sunset Kiwanis for an adult and youth biathlon, and also approve a liquor license
for the Alamo Saloon and approve a liquor license application for Safeway.
SECONDED by Councilman Fox and CARRIED unanimously.
AGENDA ITEM #5 — DISCUSS AND POSSIBLY ACT UPON RESOLUTION 1991-16, ADOPTING A
CONSTRUCTION FEE SCHEDULE FOR CONSTRUCTION PLAN REVIEWS
‘lor Town Council Minutes 4/18/91
Page 3 of 5
Mr. Jeppson explained what these fees would cover. Councilman Minarsich asked
if the schedule had been presented to the Contractors Association the night
before and Mr. Jeppson replied that this topic had not been covered due to other
issues that the contractors had emphasized. Since the contractors or builders
in town had not yet reviewed the schedule, Councilman Minarsich made a MOTION to
table the issue until the next regular session of the Council . SECONDED by
Councilwoman Tibbetts. Councilman Fox asked if the fee schedule would not be
adopted if the contractors did not like it and questioned if it would be
necessary in the future to put everything the Council voted on up for public
comment. Councilman Minarsich said he felt it was the Council 's job to allow
interested parties the chance to review and comment on issues that involved them.
The motion CARRIED, 5 aye votes to 1 nay vote, Councilman Fox voting nay.
AGENDA ITEMS #7 AND #8 - RESOLUTION 1991-18, AMENDING RESOLUTION 1991-14 WHICH
ORDERED THE SALE OF TOWN OF FOUNTAIN HILLS, ARIZONA GENERAL OBLIGATION BONDS AND
RESOLUTION 1991-19, AMENDING RESOLUTION 1991-15 WH.ICH ORDERED THE SALE OF TOWN
OF FOUNTAIN HILLS, ARIZONA STREET AND HIGHWAY USER REVENUE BONDS
Since these items were related, they were explained together. Mr. Nordin told
the Council that these resolutions were an attempt and a desire on staff 's part
to reduce publication costs for the bond issue by, in Resolution 1991-18,
changing the official place of publication from the Arizona Republic to the
Fountain Hills Times and, in Resolution 1991-19, reducing the amount of
publication verbiage. Councilman Minarsich made a MOTION to approve Resolution
1991-18 amending Resolution 1991-14. SECONDED by Councilman Fox. The roll call
vote went as follows:
Vice Mayor Clark aye
Councilwoman Tibbetts aye
Councilman O'Brien aye
Mayor Cutillo aye
Councilman Hudson aye
Councilman Fox aye
Councilman Minarsich aye
The motion CARRIED unanimously.
Councilman Minarsich made a MOTION to adopt Resolution 1991-19 amending
Resolution 1991-15. SECONDED by Councilwoman Tibbetts. The roll call vote
proceeded as follows:
Councilman Minarsich aye
Councilman O'Brien aye
Mayor Cutillo aye
Councilman Hudson aye
Vice Mayor Clark aye
Councilwoman Tibbetts aye
Councilman Fox aye
The motion CARRIED unanimously.
Town Council Minutes 4/18/91
Page 4 of 5
AGENDA ITEM #9 — CALL TO THE PUBLIC
Steve Gendler thanked the Council and staff for their efforts on the Beeline Hwy.
issue.
AGENDA ITEM #10 — VOTE TO GO INTO EXECUTIVE SESSION
Councilman Fox made a MOTION to go into executive session. SECONDED by
Councilwoman Tibbetts and CARRIED unanimously.
The Council recessed regular session at approximately 8:30 p.m. to go into
executive session.
At approximately 9:12 p.m. the Council returned to the regular session.
AGENDA ITEM #11 — ADJOURNMENT
Councilman Minarsich made a MOTION to adjourn. SECONDED by Councilman Fox and
CARRIED unanimously.
The Council adjourned at approximately 9:13 p.m.
TO OF A N H LS
By:
J r M.4utay::
ATTEST:
C
Cassie B. Hansen, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the regular meeting of the Town Council of Fountain Hills held on the
18th day of April , 1991. I further certify that the meeting was duly called and
that a quorum was present.
DATED this ( 6 day of July, 1991.
____01144..LL, 4LIA.,3
Cassie B. Hansen, Town Clerk
Town Council Minutes 4/18/91
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