HomeMy WebLinkAbout1992.0319.TCRM.Minutes TOWN OF FOUNTAIN HILLS 141)
MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
MARCH 19, 1992
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, March 19, 1992, in the
Fountain Hills Town Hall, located at 16836 E. Palisades Blvd., Building C,
Fountain Hills, Arizona.
ROLL CALL - Following the pledge to the flag and the invocation by Vice Mayor
Tibbetts, roll call was taken. Present for roll call were the following members
of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts
and Councilmembers Frank Clark, Mike Minarsich, Charlie Fox, Bill O'Brien and
Wally Hudson. Also present were Town Manager Paul Nordin, Town Attorney Bill
Farrell and Town Clerk Cassie Hansen.
Mayor Cutillo stated that there was a consent agenda and that all items listed
with an asterisk were considered to be routine matters and would be enacted by
one motion and roll call vote of the Council. There would be no separate
discussion of the items unless a Councilmember or member of the public so
requested, in which event the item would be removed from the Consent Agenda and
considered in its normal sequence on the agenda.
The consent agenda items were read by Mayor Cutillo and the Council acted on
them. Councilman Clark made a MOTION to approve as read. SECONDED by Vice Mayor
Tibbetts and CARRIED unanimously. A roll call vote was taken and the results
were as follows: 1100
Mayor Cutillo aye
Vice Mayor Tibbetts aye
Councilman O'Brien aye
Councilman Hudson aye
Councilman Clark aye
Councilman Minarsich aye
Councilman Fox aye
The roll call vote results were seven aye to zero nay votes.
AGENDA ITEM #2 - ACCEPTANCE OF THE MEETING MINUTES OF MARCH 5TH OF 1992.
This item was a part of the consent agenda. Councilman Clark made a MOTION to
approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously.
AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
CHAMBER OF COMMERCE FOR THE BUSINESS SHOWCASE, AN EVENT HIGHLIGHTING LOCAL
BUSINESSES, TO BE HELD ON THE AVENUE OF THE FOUNTAINS ON SUNDAY, MARCH 29, 1992,
FROM NOON TO 5:00 P.M.
This item was a part of the consent agenda. Councilman Clark made a MOTION to
approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously.
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1992-04, ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST IT HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE
Minutes of the Regular Session of the Town Council 03/19/92
Page 1 of 6
EASEMENT LOCATED ALONG THE EAST LOT LINE OF LOT 1, BLOCK 4, OF PLAT 401B FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 12, RECORDS OF MARICOPA
COUNTY, ARIZONA; EXCEPT THE NORTH FIFTEEN FEET OF SAID EASEMENT.
This item was a part of the consent agenda. Councilman Clark made a MOTION to
approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously.
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1992-06, ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST IT HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE
EASEMENT LOCATED ALONG THE NORTH LOT LINE OF LOT 11, BLOCK 1, OF PLAT 506B
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159 OF MAPS, PAGE 3, RECORDS OF
MARICOPA COUNTY, ARIZONA.
This item was a part of the consent agenda. Councilman Clark made a MOTION to
approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously.
AGENDA ITEM #6 - CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT WITH MARICOPA
COUNTY FLOOD CONTROL DISTRICT FOR AERIAL MAPPING OF FOUNTAIN HILLS PRIOR TO
STARTING THE FLOODPLAIN DELINEATION STUDY.
This item was a part of the consent agenda. Councilman Clark made a MOTION to
approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously.
AGENDA ITEM #7 - MONTHLY REPORT BY CAPTAIN HENDERSHOTT OF THE MARICOPA COUNTY
SHERIFF'S DEPARTMENT.
Mr. Nordin stated that Captain Hendershott had been detained and would possibly
not be able to attend the meeting.
,. AGENDA ITEM #8 - TOWN MANAGER'S REPORT.
#8.A.1. - Project update (with possible direction from the Council for
appropriate action) on street paving status report. Mr. Nordin stated that the
Town Engineer's memo explained the status and that the bid date was
tentatively set for April 17 with Council action scheduled for April 23.
#8.A.2. - Report by Councilman Minarsich on the Mayor's Economic Development
Council. Councilman Minarsich said that at the January 29 meeting, they had Mr.
Jim Flynn and Mr. Nelson Van Zane of F.M.C. give them a proposal on a program to
use. He said they recommended two two-hour sessions to develop a strong response
program after the leads had been qualified. Councilman Minarsich said they
recommended monthly mailings to specifically targeted businesses. They
recommended making twelve presentations during the calendar year and attempting
to close two of those during 1993. Councilman Minarsich said they recommended
making twenty-four new presentations during 1993, closing four of those before
the end of 1994. He stated that the estimated cost for the projected time period
would be $29,500. Councilman Minarsich added that the overall plan was approved
by the Economic Development Council. He said on February 5, they moved to hire
F.M.C. to complete their marketing program and the motion passed. Councilman
Minarsich stated that on February 10, they had a meeting to address
identification of problems with economical development in Fountain Hills. He
said the group concluded that Fountain Hills was unique and really did not have
to compete with other communities. Councilman Minarsich read the Economic
Development Council's conclusions.
At a March 4 meeting they had addressed the Avenue of the Fountains median area.
Councilman Minarsich stated that the Out of Africa staff had suggested a walking
path with an Out of Africa theme from Fountain Park, across Saguaro and west on
Minutes of the Regular Session of the Town Council 03/19/92
Page 2 of 6
the Avenue. Councilman Minarsich said the group was no longer called the
Economic Development Council. He read their mission statement, "to foster
positive economic growth for the Town of Fountain Hills through the attraction
and retention of businesses that are compatible with the quality of life in this
unique community" . Councilman Minarsich stated that the new name for the group
was the Mayor's Council for Business Growth.
#8.A.3. - Update by Councilman Clark on the Beeline Highway. Councilman Clark
stated that funds had been found and committed for the fiscal year July 1994
through June 1995. He said the second workshop had been held on March 10.
Councilman Clark stated that there was an area of concern during the meeting.
Mr. Saxton, the design person for A.D.O.T., had tried to get the committee to
soften the verbiage stating "to begin construction by July 1, 1994". Councilman
Clark stated they tentatively agreed to the wording "as soon as" to replace the
word "by". Mr. Larry Miller, the moderator at the workshop, later informed him
that A.D.O.T. Director, Charles Cowan, reconfirmed that he was on record to
assure that the construction date announced earlier was met and requested his
desire be passed on to the Transportation Board. Councilman Clark said the
Pima/Salt River Community had requested that there be no through traffic crossing
Beeline, other than to provide access to the area known as the Lehi Community.
What was decided was to construct a six lane highway of urban design with a
raised median, from McDowell north to the Horne intersection. Councilman Clark
said that from that point north to Shea Boulevard, Beeline would change to a
rural design with a recessed median. Councilman Clark stated that the portion
from McDowell to Horne would have a sidewalk, however, it would be constructed
on Reservation Property, behind the two hundred foot right-of-way. He added that
A.D.O.T. would furnish the materials and the Indian Community would provide the
labor.
AGENDA ITEM #9 - CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH THE GOVERNOR'S
OFFICE OF HIGHWAY SAFETY TO BE PART OF THE HIGHWAY SAFETY PROGRAM AND RECEIVE
GRANT MONIES FOR A COMMUNITY TRAFFIC SAFETY COORDINATOR. WM)
Mayor Cutillo stated that the Council would move on to this item because it
required a vote and Councilman Fox had to leave for another meeting. Mr. Nordin
stated he had contacted Lt. Grant with the Governor's Office of Highway Safety
who had answered the questions from the previous meeting. He said it was
possible to apply each year for the grant cycle. Mr. Nordin said the terms and
conditions of the grant could be altered and the Town would have the opportunity
to accept or reject the grant at the time it was awarded. He stated that there
would be a four to six week time period before a decision was made on the
applications. Mr. Nordin said after that time period, there would be another
four week period for us to decide if we would accept the grant. He stated that
the Council needed to make a motion to authorize the submittal of the Community
Safety Coordinator Grant Program to the Governor's Office of Highway Safety.
Councilman Fox made a MOTION to go forward with the submittal of the Grant with
the provision that the Council receive a detailed presentation by staff on the
merits of the program. SECONDED by Councilman Clark. Councilman Minarsich
wanted the detailed presentation to include all the pros and cons, space
considerations, future funding involved, etc. Councilman Clark asked what the
job content would be once the initial surge of work was done. Mr. Nordin
suggested that details of the job description be held until after the grant was
awarded. Ms. Petrov asked if the report would be made public and Mr. Nordin
stated that it would. Mr. Songer asked what the amount of the grant was and
Mayor Cutillo reiterated the percentages. Councilman Fox stated that the total
three year grant was $134,754. Motion CARRIED unanimously.
AGENDA ITEM #10 - CONSIDERATION OF REQUESTING THE CIVIC ASSOCIATION TO SPONSOR
A 1992 TOWN HALL MEETING TO DETERMINE COMMUNITY PRIORITIES.
Minutes of the Regular Session of the Town Council 03/19/92
Page 3 of 6
Vice Mayor Tibbetts made a MOTION to request the Fountain Hills Civic Association
organize a Town Hall meeting on May 16, 1992. The purpose would be: 1. to
provide citizen input and direction to the Council on the Five Year Plan elements
that have been presented to date and 2. to supplement and strengthen the data
that had been collected by Vernon Swabach and Associates for the General Plan.
SECONDED by Councilman Minarsich. Councilman O'Brien AMENDED the motion on the
second line, instead of the words "be to", substitute "which would include". His
request was so the motion would not be restrictive. The amendment was SECONDED
by Councilman Clark and CARRIED unanimously. Vice Mayor Tibbetts explained the
Town Hall process to the public. Councilman Minarsich explained that many issues
important to Vernon Swaback were not addressed in the General Plan and they felt
a Town Hall would pick up on those areas that were not included. Councilman
Hudson stated he was opposed to the date of the Town Hall because tonight was the
final presentation of eight areas. Councilman Hudson continued, saying that the
Council had investigated another area, the Sanitary District. He said there had
been no formal discussion by the Council on the other areas other than clarifying
questions made during the presentations. Councilman Hudson stated that the Town
was spending approximately $80,000 on the General Plan, prepared by experts, and
he felt they should be allowed to prepare our plan in their own way. Mayor
Cutillo stated that he felt Vernon Swaback wanted the input from a Town Hall for
the General Plan. Mr. Songer asked about the five year plan and when the Council
would act on it. He asked about the Town Hall and how someone could become
involved. Vice Mayor Tibbetts stated that the last Town Hall was advertised and
there was much opportunity for the citizens to register. Councilman Fox made a
MOTION to move the question. SECONDED by Councilman Minarsich and CARRIED
unanimously. Mayor Cutillo asked the question and motion CARRIED with a vote of
six aye votes to one nay vote, Councilman Hudson casting the nay vote.
Councilman Clark suggested that the Town Hall time frame be lengthened to a day
and a half or two days. Mayor Cutillo recommended that Vice Mayor Tibbetts be
the liaison between the Council and the Civic Association regarding the Town
Hall.
LoyMayor Cutillo returned the Council's attention to the completion of the Town
Manager's report.
#8.A.4. - Town Manager's Report: Report on the attorney's meeting with town
staff regarding disseminating public/nonpublic information. Mr. Nordin informed
the Council that Mr. Farrell had met with Town staff that afternoon. Mr. Farrel
said the Arizona State Statutes lent little guidance in this area but that said
the general intent of the law in Arizona was that public business was the
public's business. He said there were exceptions to that, defined by the courts
as privacy, confidentiality and a compelling state interest. Mr. Farrell sited
some examples and said if a request for public information was for commercial
use, it had to be indicated. He added that the governmental entity had to decide
if it was all-right to release it. He stated that only the copy cost would be
charged, however, if it was for commercial purposes, an assembly fee could be
charged. Mr. Farrell added that if a report was requested, not in a format
normally reproduced, staff was not obligated to furnish it.
AGENDA ITEM #11 - PRESENTATION BY CASSIE HANSEN ON THE CIVIC PLAZA AND FIFTEEN
ACRE DEVELOPMENT PORTION OF THE FIVE YEAR PLAN.
Ms. Hansen thanked the Civic Association's Property Committee and its members,
stating that what they had done was just one example of the community's ongoing
interest in and their commitment to the community center. She thanked Mike
Scharnow from the Times who provided her with most of the history for her report
and Evelyn Bretting whose expertise and input provided the elements for the model
community center used for speculative purposes in the report. Ms. Hansen stated
that her presentation was unique from the other sections in the Five Year Plan
as it did not deal with future goals or directions of departments, critical needs
r Minutes of the Regular Session of the Town Council 03/19/92
Page 4 of 6
or services. She said the development of a community center fell into the wish
category, something that a community could survive without but would benefit from
having. Ms. Hansen stated that in planning for the future, it was often wise to
examine the past. She said the Community Center's history was very rich. Ms.
Hansen gave an indepth history of the Center and the Civic Association. She
added that it had long been the plan that the community be changed from a
developer run town to a citizen controlled community. McCullough Corporation
stopped its land development operations in the late seventies and citizen concern
with that prompted the formation of the Community Development Council. Their
primary purpose was to study various forms of government that would be available
to Fountain Hills. Ms. Hansen said that Pratt Properties, McCullough's
successor, established a trust so those local amenities such as the community
center and the fifteen acres could be deeded to the Town in the future. She said
the Community Development Council responded to that by becoming the Fountain
Hills Community Association, Inc. that accomodated the laws that would enable it
to accept the properties. In 1978 the property was deeded to the association.
In 1980 the fifteen acre site was deeded to the association. Ms. Hansen stated
that in 1981 the Fountain Hills Civic Association was formed and it continued to
manage and nurture the community center. She reviewed the deed conditions and
stipulations on the property. Ms. Hansen displayed the past and present
priorities that had been assembled from previous Town Hall meetings. She stated
that the deeds had been turned over to the Incorporated Town in 1990. Ms. Hansen
said that in determining the needs for a new community center, the current
facility had to be examined. She reviewed the management agreement uses, the
chargeable uses and the non-revenue producing activities. Ms. Hansen stated that
with the increased Parks and Recreation programs, the community center was used
as much by the Town as by the other community organizations. She stated that the
hours of usage had increased almost twenty percent and would continue to
increase. Ms. Hansen showed slides of the fifteen acre parcel and displayed a
map with some proposed roadways. She compared the existing Town Hall facilities
and employees to the future needs. Ms. Hansen stated that eight other cities and
towns were polled, ranging in population from 10,000 to 50,000, which indicated
what the needs would be with a build-out of approximately 40,000. She reviewed Nial)
a meeting of the Property Committee, at which they described the facility as a
gathering place concept, a place for residents to meet and enjoy a variety of
activities, other people and pleasant surroundings in a civic complex. This was
to include municipal offices, services and a community library. Ms. Hansen
presented a compilation of all the ideas and priorities from the last fifteen
years. She stated that total seating in the auditorium was eight hundred,
including two meeting rooms that could be closed off allowing other meetings to
take place simultaneously. Ms. Hansen said the banquet hall could be divided as
well. She said the total complex totalled 40,000 square feet. Ms. Hansen stated
that the library facility was fashioned after the County's plan, adding that the
only expense to the community would be the provision of the land, 1.5 to 2.5
acres with 85 to 115 parking spaces. She showed five different site plan
proposals, indicating how the complex could fit on the property and described
them. Ms. Hansen stated that the job was costed out by dividing it up into three
major elements. Funding mechanisms and associated costs were covered. She
summarized by saying that although the information indicated the priority of a
civic facility, it did not indicate when it would be built. Determining the
community's willingness to support the project was a clear priority.
AGENDA ITEM #12 - CALL TO THE PUBLIC.
Mayor Cutillo made the call to the public. There was no discussion.
AGENDA ITEM #13 - PURSUANT TO A.R.S. 38-431.03.A.7. AND 38-431.03.A.3, VOTE TO
GO INTO EXECUTIVE SESSION TO CONSULT 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 LEGAL
ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, RESPECTIVELY.
Minutes of the Regular Session of the Town Council 03/19/92
Page 5 of 6
4itr Vice Mayor Tibbetts made a MOTION to go into executive session after a short
recess. SECONDED by Councilman Fox and CARRIED unanimously. The Town Council
went into executive session at approximately 8:35 p.m.
AGENDA ITEM #14 - RETURN TO REGULAR SESSION AND ADJOURNMENT.
The Town Council returned to regular session at 9:44 p.m. Councilman O'Brien
made a MOTION to adjourn. SECONDED by Councilman Clark and CARRIED unanimously.
The Town Council adjourned at approximately 9:44 p.m.
TO F F NTAIN HILL '
By: ��� ' 1-
J n utillo, Mayor
ATTEST: &JILL— `�-�•
Cassie B. Ha ,�e//n, Town Clerk
PREPARED BY: �i /�/� Ci�C�/C
Lari L. Bratcher, Secretary
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the Regular Meeting held by the Town Council of Fountain Hills on the
19th day of March 1992. I further certify that the meeting was duly called and
that a quorum was present.
DATED this I6 day of April 1992. eAuijj_jt. jJ
/Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 03/19/92
Page 6 of 6
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