Loading...
HomeMy WebLinkAbout1993.0708.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HELLS TOWN COUNCIL JULY 8, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, July 8, 1993, 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 Councilman Lawrence, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Bill O'Brien and Councilmembers Peg Tibbetts, Wally Hudson, Michael Minarsich, Don Lawrence, and Frank Clark. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Administrative Assistant Marcia Jewett. Mayor Cutillo read the consent agenda items which included: AGENDA ITEM #2. - ACCEPTANCE OF THE MEETING MINUTES OF JUNE 15,17 AND JULY 1.1993. AGENDA ITEM #3. - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY WALED MOUSSA FOR WALLY'S MARKET LOCATED AT 11829 SAGUARO BLVD. MR. MOUSSA WILL BE OPENING A CONVENIENCE MART AT THE OLD CIRCLE K LOCATION. AGENDA ITEM #4. - CONSIDERATION OF RESOLUTION 1993-21, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT LOCATED ALONG THE REAR (WESTERLY) LOT LINE OF LOT 31, BLOCK 8, OF PLAT 206 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 147 OF MAPS, PAGE 2, RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE NORTHWESTERN TWENTY FOOT OF SAID EASEMENT. AGENDA ITEM #5. - CONSIDERATION OF RESOLUTION 1993-22, A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO A.R.S. 28-1901 ET.SEO. ABANDONING TO THE ADJACENT PROPERTY OWNER OF RECORD ALL RIGHT, TITLE, OR INTEREST THE TOWN HAS IN A CERTAIN PORTION OF A PUBLIC ALLEY, FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE; AND DECLARING AN EMERGENCY. AGENDA ITEM #6. - CONSIDERATION OF RESOLUTION 1993-23, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT LOCATED ALONG THE REAR LOT LINE OF LOT 20-11, BLOCK 1, OF PLAT 601-A FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 44, RECORDS OF MARICOPA COUNTY, ARIZONA; AND DECLARING AN EMERGENCY. Minutes of the Regular Session of the Town Council 07/08/93 Page 1 of 6, AGENDA ITEM #7. - CONSIDERATION OF RESOLUTION 1993-24, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT LOCATED ALONG THE EAST AND REAR LOT LINES OF LOT 2, BLOCK 4, OF PLAT 505-A FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 40, RECORDS OF MARICOPA COUNTY, ARIZONA; AND DECLARING AN EMERGENCY. AGENDA ITEM #8. - CONSIDERATION OF ORDINANCE 93-12, AMENDING THE TOWN CODE OF FOUNTAIN HILLS, ARIZONA, BY AMENDING SECTION 2-1-1 ELECTED OFFICERS AND SECTION 2-2-1 SELECTION OF MAYOR, DEALING WITH DIRECT ELECTION OF THE MAYOR; AMENDING ORDINANCE 92-05 AND PROVIDING SEVERABILITY. Mayor Cutillo asked for a motion to approve the consent agenda. Councilman Clark MOVED approval. SECONDED by Councilman Minarsich and CARRIED unanimously. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor O'Brien aye Councilman Hudson aye Councilman Minarsich aye Councilman Clark aye Councilwoman Tibbetts aye Councilman Lawrence aye The roll call results were seven (7) aye votes to zero (0) nay votes. AGENDA ITEM #9. - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE COUNCIL. FOR APPROPRIATE ACTION) #9.A. Report by Chief Tom Knapp on the recent fires and fire conditions in and around Fountain Hills. Chief Knapp gave each Councilmember a copy of the joint press release between Rural Metro Fire Department, Scottsdale Police Department, Maricopa County Sheriff's Office and the Tonto National Forest. He said the furs were suspicious in nature and were started in a particular spot in the desert where they would bum uphill. There was no vehicle access to the areas where the fines had been set and there were multiple furs at one time. All agencies listed above, along with the Bureau of Indian Affairs, were investigating. Chief Knapp said the cost to fight the second fire named "Double Trouble" in air support alone was over $62,000. That figure did not include the brush equipment, trucks or manpower. Mayor Cutillo commended the fire fighters and the Sheriff's Department for the great job. He asked Chief Knapp for suggestions to establish an award in order to find the arsonist(s). Captain Overton said leads were being worked on and it might be possible to obtain funds from Silent Witness to facilitate information. Mayor Cutillo asked if offering an award deterred the continuance of a particular crime. Captain Overton said there was a strong indication that rewards brought forth information. Councilman Minarsich asked why the slurry bombers were delayed in getting to the fire. Chief Knapp said the delay was due to construction at Sky Harbor International Airport and the construction problems were solved. Planes came from Prescott and New Mexico and refills were done in Prescott. Chief Knapp explained the procedure of the slurry bombers, lead plane and what took place when fighting a fire. Minutes of the Regular Session of the Town Council 07/08/93 Page 2 of 6, Cindy Swan, from the public, felt there was a great need to prevent another fire and requested that the public be educated on what to do, how much cost was involved to fight a fire, and what penalties would be imposed to those who were setting the fires. Councilman Minarsich suggested the local press could do public service messages. #9.B. Consideration of contracting for town prosecutor services for FY 93/94. Mr. Nordin said letters had been sent to local attorneys and positive responses were received from three (3). Mr. Farrell and he would go to a more formal RFQ or RFP process with the three (3) locals that had indicated interest along with the current prosecutors. Mr. Farrell and Mr. Nordin would conduct interviews and present their recommendation at the August 8 Town Council meeting. Councilman Minarsich asked when the contract with the current prosecutor would expire and Mr. Nordin said it had already expired and proposed that for the month of July it continue on an hourly basis. #9.C. Award of bid for the Street Department trailer. Mr. Nordin said Mr. Harrel recommended Davis Homes of Mesa, Arizona be awarded the bid for the amount submitted. It was not the low bid but Mr. Farrell had reviewed the bid and concurred it was appropriate. Councilman Hudson MOVED that Davis Homes of Mesa be awarded the contract for the street department office trailer in the amount of $27,645 plus tax. SECONDED by Councilman Clark. Councilman Clark asked if the electrical breaker box of 150 AMP would be adequate and Mr. Harrel said it would. Vice Mayor O'Brien asked if the town prohibited modular housing. Mr. Nordin said it had been cleared with the Committee of Architecture. Councilman Lawrence asked if the trailer would be out of vision of Saguaro Boulevard and questioned the second bid presented by Davis Homes. Mr. Nordin said it would not be visible from Saguaro Boulevard. Mr. Farrell said the specs did not specify dimensions or size and had the price changed they would have been requested to submit another bid. The second bid amount remained the same and met the specifications. Motion CARRIED unanimously. #9.D. Consideration of accelerating the construction of the parkin lot and restroom facilities at Golden Eagle Park. Mr. Nordin said the restroom facility would be completed in January, 1994 as opposed to July, 1994 if the Town Council approved acceleration of the construction. The restroom would take longer because plans and specifications were not part of the original bid and bids would need to be submitted. The only negative in accelerating the construction would be the possibility of the matching funds that might be obtained from the Heritage Grant. Notification of the award would be received mid -November and the funds would be available in March. The construction period for Phase H improvements would be March through July. SRP had requested a power line across the property be implemented which added a significant amount to the bid. The estimated cost for the Phase I construction would include $82,000 that would be expended in non -matched funds. The Phase I total bill would be $383,000+ and the Heritage Grant amount was $301,250. If the schedule were accelerated with the addition of the parking lot and restroom another $90,000 to $95,000 would be added to the $82,000. The total unmatched amount would be approximately $172,000 to $177,000. Mr. Nordin had asked Gordon Pittsenbarger of Pittsenbarger Construction to review the cost estimate for the restroom. He felt the estimate of $66,000 was high and estimated the cost to be a minimum of $50,000 and a maximum of $70,000. Councilman Minarsich asked if SRP was originally contacted in the design of the project and why the additional cost estimates weren't known. Mr. Nordin said they were just now coming to grips with what would be required Councilman Minarsich asked where the original cost from SRP had come from and Mr. Nordin said the costs had been estimated based on what the connection fees were. Mr. Nordin said some areas estimated that were on the high side had been reduced. The amount that SRP required for trenching would be in excess of $15,000 and the net increase was $12,000. Councilman Clark requested that staff review the total project budget which amounted to $1.8M. He asked that three (3) reviews be done: 1.) what it would take in time and money and where would it come from; 2.) what would the timing be if it were approached based on matching funds as was put in the budget for Phase II based on the ability to draw down on reserve; and 3.) for the Parks & Recreation Commission to determine a reasonable time span when the entire project could be completed and how much would be matching funds and how much would be required to obtain elsewhere. He felt another serious look should be taken at the entire project. Minutes of the Regular Session of the Town Council 07/08/93 Page 3 of 6. Councilman Tibbetts felt it wasn't practical to complete the project with matching funds from a grant. The citizens wanted the park and she felt it should be expedited. Councilman Minarsich felt the parking area and restroom should be addressed as separate items and a review of the project would be a waste of staff time. He asked why the cost estimates originally were so far off. Mayor Cutillo said one reason was a tree planting consultant had been hired. Councilman Lawrence said if there was no parking lot it would be a violation of the town codes and port -a -potties would not be practical. He felt it was unrealistic to build the park with matching funds and the town would need to pay for basic necessities for the park. Mayor Cutillo asked when the park would be available. Ms Goodman said the park would be available in January or February depending on how well the turf was established. The fast intended user would be the school for boys baseball and girls softball. Mayor Cutillo asked if there was any planned use by the community before that time. Ms Goodman said the community would be discouraged from using the park until the turf was established. Vice Mayor O'Brien said this was planned as a stage project and didn't feel for six (6) months of usage, the possibility of matching funds should be ignored. He was not comfortable with accelerating the project. Mayor Cutillo said the grant for matching funds should be awarded in November and at that point the issue should be revisited. Mr. Nordin said if, after November, the funds were not matched, the schedule would not be met. Mayor Cutillo said the park would be without a paved parking lot and the public would use port -a johns from March to May. Councilman Lawrence said the needs for the handicapped included parking and restroom facilities and federal laws would be violated. Mr. Farrell said it would not be a violation during the construction but it would be a violation if it were permanent. The park would need to comply with federal laws once it was put into public use. Councilman Clark said there were materials already available to use for a temporary parking facility and asked Mr. Harrel what it would cost for 27 parking spaces. Mr. Harrel said there had been a discussion regarding a non -hard dust resistant surface. There was an excess of small rocky materials that could be used as a base and topped with an aggregate base or milled asphalt which was in a stock pile. It would not be paved nor would it be a hard surface or striped and there would not be handicapped parking. The street crew of three (3) could do it. Councilman Clark said the school would be open and restroom facilities would be available during the day and the port -a -potties could be used temporarily at night. Councilman Hudson felt the time frame to see if the grant could be obtained was well worth the time and effort. He could not justify the extra funds. Councilman Minarsich MOVED to include the restrooms and parking lot in Phase I. SECONDED by Councilwoman Tibbetts. Councilman Clark suggested for legal reasons, the park not open until it was completed. Mayor Cutillo felt matching funds should be obtained and he was in favor of closing the park until that time. Councilman Minarsich wanted to see the project back on track. The motion FAILED with three (3) aye votes and four (4) nay votes cast by Mayor Cutillo, Vice Mayor O'Brien and Councilmembers Clark and Hudson. #9.E. Consideration of renewing the contract with the Civic Association for management services of the Community Center. Mayor Cutillo said that as a member of the Association Board he would refrain from taking part in the discussion and would not vote on this item. Councilman Minarsich MOVED approval of the contract as presented for management services of the Community Center. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. #9.F. Consideration of adopting a new rental fee schedule for the Community Center. Councilman Minarsich MOVED approval of adopting a new rental fee schedule for the Community Center as presented. SECONDED by Councilman Lawrence and CARRIED unanimously. #9.G. Consideration of entering into an intergovernmental agreement with Maricooa Countv and making a financial contribution of S2.100 to assist in the siting of the Southeast Regional Waste Management Facility and Siting Study. Mr. Nordin said the City of Scottsdale probably would not participate. If the City of Scottsdale refused to participate the remaining communities would need to make up the amount that the City of Scottsdale would not contribute. Mr. Nordin recommended the Town not participate for various liability reasons. Mayor Cutillo MOVED to send a letter of refusal to contribute in the siting of the Southeast Regional Waste Management Facility. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. Minutes of the Regular Session of the Town Council 07/08/93 Page 4 of 6, #9.H. Consideration of anaointins Council members Tibbetts and Clark to the Community Center Action Committee. Councilman Lawrence MOVED that Councilman Clark and Tibbetts be appointed to the Community Center Action Committee. SECONDED by Councilman Minarsich. Councilman Hudson said it had been decided that during this fiscal year a consultant be contracted on a possible site plan for the Civic Center. He felt the list of representatives on the committee was too narrow. The Mayor stated he had a conflict of interest and Councilman Hudson asked if it would be proper to have three (3) members on the Council working on issues that might be in conflict with issues the Council was working on. He felt it would be better if the Civic Association had not named people and the decision of who would serve on the Committee had been determined by the Council. He said it was not a good idea for anyone from the Town Council to serve on the Committee. Councilman Clark said he and Councilwoman Tibbetts were asked to be representatives of the Town and the Council. They would be unable to take action that involved the Town without first presenting it to the Town Council for approval. Councilman Hudson felt that two (2) council people plus the Mayor on the Board of Directors of the organization was too much. Councilman Clark asked if the Council could appoint the committee as a Citizens Advisory Committee. Vice Mayor O'Brien said the Council didn't need to take action and that Councilmembers Clark and Tibbetts should serve on the Committee. Councilman Lawrence felt there should be more communication between the Town Council and other committees. Walt Franklin, President of the Civic Association, spoke for Jerold Miles. He said the original steering committee was put together with the idea that the elements of the four (4) primary factors in town would be included, i.e. the public, the theater group, the town, and MCO. He felt originally it would be better to work with a small group rather then a large group. Councilman Minarsich WITHDREW his second. For lack of a second the motion DIED. AGENDA ITEM #10. - CONSIDERATION OF REQUESTING THE PLANNING AND ZONING COMMISSION TO HOLD HEARINGS AND RECOMMEND AMENDMENTS TO THE PROPOSED ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS. Mr. Nordin said an ad had been placed in the paper and substantial input was received from MCO and private residents who live in the Firerock area. It had been proposed that the Council consider delaying the adoption of the large Planning & Zoning ordinance in favor of a reassignment of additional tasks to be performed by the Planning & Zoning Commission and for those to be completed and appropriate recommendations be presented to the Council. It was recommended that Council designate a date(s) for completion. Council discussion would be September 2 or 16, display ads would be run and the revised ordinance would be acted on either September 7 or 21. Mr. Farrell said the proper timing would need to be followed closely. Mayor Cutillo MOVED that the Town Manager proceed with his recommendation for the Planning and Zoning Commission. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #11. - CONSIDERATION OF THE ADOPTION OF THE TENTATIVE BUDGET FOR THE FISCAL YEAR 1993/94 WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENT IN ACCORDANCE WITH STATE LAW. Mr. Nordin said the tentative budget was being presented for the Council's tentative approval. If the Council acted affirmatively, it would be published according to state law. The final adoption would take place in August as well as the final enactment of the property tax levy for the road paving bond issue. Mayor Cutillo MOVED to adopt the tentative budget as presented for 1993/94. SECONDED by Vice Mayor O'Brien. Councilman Hudson moved to AMEND the 1993/94 administration budget to include a $5,000 expenditure for the Central Arizona Shelter Services. Mayor Cutillo asked Mr. Farrell if it was appropriate for this to be brought back. Mr. Farrell said any member of Minutes of the Regular Session of the Town Council 07/08/93 Page 5 of 6, the Council could make a motion to amend the budget as of tonights budget adoption. Councilman Minarsich agreed this was a worthwhile organization but felt it didn't impact Fountain Hills directly and municipal taxpayer dollars should not be spent on projects outside the community of Fountain Hills unless they had an impact Fountain Hills directly. The amended motion CARRIED with a roll call vote as follows: Mayor Cutillo aye Vice Mayor O'Brien aye Councilman Lawrence aye Councilman Minarsich nay Councilman Hudson aye Councilman Tibbetts nay Councilman Clark aye The roll call vote results were five (5) aye to two (2) nay votes. The original motion CARRIED unanimously. AGENDA ITEM #12. - 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.) Mayor Cutillo made the call to the public. No one came forward. AGENDA ITEM #13. - ADJOURNMENT. Mayor Cutillo called for a motion to adjourn. Councilman Hudson made a MOTION to adjourn. SECONDED by Councilman Minarsich and CARRIED unanimously. The Town Council adjourned at approximately 8:25 pm. ATTEST: t • L", Cassie B. Hansen, Town Clerk PREPARED BY: Oe-4-q20 Marcia M. Jewett, Admin. Assist. CERTIFICATION TOWN OF FOUNTAIN HILLS By: ---- 944 J M. Cutillo, Mayor 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 8th day of July, 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this Z� day of August 1993. e,,,6. IL, Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 07/08/93 Page 6 of 6