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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 Town Council Minutes 4/12/90 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 Page 4 of 7 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 Town Council Minutes 4/12/90 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 Page 6 of 7 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 Page 7 of 7