The URL can be used to link to this page

Home My WebLink About1991.0103.TCRM.Minutes TOWN OP FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OP THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 3, 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, January 3, 1991, in the Fountain Hills Unified 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 Reverend Don Lawrence of Christ 's Church of Fountain Hills, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Wally Hudson and Councilmembers Peg Tibbetts, Mike Minarsich, Charlie Fox, Frank Clark and Bill O'Brien. Also present were Town Manager Paul Nordin, Director of Community Development Gary Jeppson, Town Attorney Bill -Farrell and Town Clerk Cassie Hansen. AGENDA ITEM #2 - TOWN MANAGER'S REPORT A. Project Update a. Date for the street paving bond election Mr. Nordin explained that the Town staff was recommending that the bond election be held on March 12, 1991 because it did not appear possible to have the election on February 26, 1991 with the County and would also cost less. Mayor Cutillo made a MOTION that the bond election date be set for March 12, 1991. SECONDED by Councilman Fox and CARRIED unanimously. b. "Questions and Answers" worksheet on basic street paving bond election issues Councilman Clark made a MOTION that the Council adopt the "Question and Answers" worksheet as prepared by staff as being the official list from the Council. SECONDED by Councilwoman Tibbetts. Mr. George Barkham asked if this worksheet would explain the criteria used in Mr. Nordin 's decision. Mr. Nordin answered that he felt that the logic he used was sufficiently demonstrated in his worksheet. The motion CARRIED unanimously. Town Council Regular Meeting Minutes 01/03/91 Page 1 of 8 B. Discuss and possibly act upon a. The request by the Sunset Kiwanis for LTAF funds for the Edith House project Mr. Bob Travis from the Sunset Kiwanis Club explained that the Edith House project concerned fire safety and described it to be a two- story moveable structure with a self-contained generator and air conditioner which would travel from school to school to teach children how to exit a burning house. He stated this house would have simulated smoke machines and simulated fire in the windows and said that Motorola was donating the communication systems. Mr. Travis stated that the total cost to build this project was approximately $25,000 and that they had already collected $15,000. The breakdown of donations he had collected was $2,500 from the City of Scottsdale, $5,000 from Scottsdale Memorial Hospital and Rural Metro had promised $5,000. He said that they were now searching for ways to obtain the remaining funds needed. As the project was being built by the Fountain Hills Kiwanis Club the Council was being asked to donate $3,000. He stated that the credit for the project would go to Fountain Hills. To Councilwoman Tibbetts ' question, Mr. Travis answered that the Indian Community had been asked to contribute. Councilman Minarsich commented that he felt the school districts would benefit the most from the project and believed they should be asked to contribute. Councilman O'Brien suggested that they should pursue funding through the United Fund or United Way. NI) Mr. Travis said that the structure would be given to and stored with Rural Metro and that they would carry any required liability insurance, designate staff to run the unit and pay for any maintenance needed. Mayor Cutillo commented that he would like to see the project be somewhat more equitable and that he felt Mr. Travis should exhaust other funding options before the Council donated any monies. Mr. Nordin explained that the Town currently had a balance of $3,200 remaining of LTAF funds available for fiscal year 1990 and would have more funds available after July 1, 1991. Councilman Minarsich clarified that $3,200 was the balance of the funds available for the next six months. Councilman Pox made a MOTION that the Council allocate the $3,000 expenditure to Sunset Kiwanis for the Edith House Project. Councilman Minarsich SECONDED the motion. Vice Mayor Hudson AMENDED the motion to change the amount to $1,500. SECONDED by Councilman Clark. Town Council Regular Meeting Minutes 01/03/91 Page 2 of 8 Councilman Fox stated that he felt since the project would be constructed in the community that Fountain Hills should donate more than Scottsdale. Vice Mayor Hudson requested that a financial statement be issued and Councilman Minarsich stated that Mr. Travis had already made this offer to the Council. Councilman O'Brien stated that he did not feel that the "first come first serve" was an appropriate method for allocating funds. Mr. Travis stated that the project had already begun construction, and that Home Depot may be giving them the materials at a 25Z discount. Councilman O'Brien asked if the Kiwanis Club could reapproach the Council at a later date should they run short of funds. Mr. Travis clarified that if the project were to cost less than they had originally anticipated they would return an appropriate percentage to each group which had donated funds. Mayor Cutillo mentioned that if the Town donated money, that the funds would have to be matched by the Club. Mr . Dave Gray asked if the proceeds for the lottery funds were unused, did the Town keep the balance or was this amount returned to the State. He was told that the balance was kept as a carryover. Councilman Minarsich clarified that this balance was not tax money. Vice Mayor Hudson mentioned that 10Z was required to be used for roads, however, he said that for certain types of projects it may be used for matching funds from the community. Councilman Fox reiterated that it had been at least two months since the last contribution had been handed out and stated that any other organization needing funding had had ample time to request help from the Council. Councilman Minarsich stated that he did not feel that the Council was precluding any other organizations from approaching the Council to ask for funds. Councilman Fox stated that he felt the best way for an organization to be considered for funding was to contact the Council in advance so that when funds became available they would have already been allocated and could be disbursed. Mr. Travis stated that because he felt the Edith House project should be made available to other schools he was seeking donations from various cities and towns. Mayor Cutillo called for the vote on the amended motion which was as follows: Councilman Minarsich nay Mayor Cutillo nay Vice Mayor Hudson aye Councilman Clark aye Councilwoman Tibbetts nay Councilman Fox nay Town Council Regular Meeting Minutes 01/03/91 Page 3 of 8 The amended motion FAILED four nay votes to two aye votes. The original motion was as follows: Councilman Minarsich aye Councilman O'Brien nay Mayor Cutillo aye Vice Mayor Hudson nay Councilman Clark nay Councilwoman Tibbetts aye Councilman Pox aye The original motion CARRIED with four aye votes to three nay votes. AGENDA ITEM #3 - PURSUANT TO A.R.S. 9-462.06. THE TOWN COUNCIL OP FOUNTAIN HILLS WILL CONVENE AS THE TOWN OF FOUNTAIN HILLS BOARD OF ADJUSTMENT After a brief recess called by Mayor Cutillo, the Town Council convened as the Town of Fountain Hills Board of Adjustment at approximately 7:02 p.m. AGENDA ITEMS #4 AND #5 - HOLD A PUBLIC HEARING ON THE NUESSLE VARIANCE. V-90-011. AND DISCUSS AND ACT UPON VARIANCE AGENDA ITEMS #6 AND #7 - HOLD A PUBLIC HEARING ON THE ZEN VARIANCE. V-90-012. AND DISCUSS AND ACT UPON VARIANCE lk The Town Council acted as the Board of Adjustment on these items and because of this, these items are recorded separately. AGENDA ITEM #8 - RECONVENE AS THE TOWN COUNCIL OF FOUNTAIN HILLS At approximately 7:23 p.m. the Town Council reconvened in their capacity as the Town Council. AGENDA ITEM #9 - HOLD A PUBLIC HEARING TO REVIEW A COMMUNITY DEVELOPMENT PLAN WHICH DISCUSSES COMMUNITY DEVELOPMENT AND HOUSING NEEDS IN THE TOWN FOR LOW AND MODERATE INCOME PEOPLE. RECEIVE PUBLIC INPUT ON SUBMITTING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT MONIES Mr. Jeppson explained that through the U.S. Department of Housing and Urban Development Maricopa County received a grant each year for the primary purpose of benefitting low to moderate income people. In the Phoenix area low to moderate income was defined as families whose total household income was $27,350 or less per year. He stated that Maricopa County allocated these funds to communities in the eligible portions of the county in the form of a Community Development Block Grant (CDBG). He explained that even though Fountain Hills did not have a pocket of low income families the Town may be able to secure CDBG Town Council Regular Meeting Minutes 01/03/91 Page 4 of 8 fundingkittr for planningon a one-time basis. The typical activities to be considered for planning would be acquisition of real property; disposing of that property; construction of public facilities; housing rehabilitation; special economic development projects and planning; commercial and industrial rehabilitation; water, sewer and street projects and parks. Mr. Jeppson stated that the purpose of the hearing was to review the Community Development Plan and to determine what types of projects the public desired. He stated that the Town was required to hold this public hearing before completing an application for the CDBG. He also said that the application must be submitted by 5:00 p.m. on January 31, 1991. He said that the draft of the Community Development plan identified the Town 's needs as being paving of its unpaved roads and development of the industrial park so as to create jobs for low to moderate income people. He stated that he could not identify any housing rehabilitation needs at this time. He recognized that the second priority was planning and that the Town would apply for appropriate funding through the CDBG. Mr. Jeppson pointed out that if allocation of these funds was granted to the Town that the money would not become available until October, 1991. He stated that the Town would not be able to obligate any money prior to the grant award. Mr. Jeppson explained that this grant was not a "matching fund" according to legislation, however stated that the Town would be more competitive if it put money into the project besides the CDBG and referred to this as "leverage funds. " He stated that the County was expecting to receive approximately $2.6 million and the amount the Town would be applying for largely depended upon the Town's needs and the type of project for which the Town desired funding. Mr. Nordin stated that as the CDBG did not require each town applying to meet the low to moderate income requirement that Fountain Hills was eligible for the grant. He reminded the Council that the purpose of this hearing was to obtain public input and that the Council would not have to make a final decision that evening. He said that Mr. Jeppson would compile a final report for the Council 's review at their next work/study session and regular meeting. He pressed that the Council 's decision would depend on when they desired implementation of their general plan and stated that to rely on the CDBG grant would mean that the Town would be required to wait until the next fiscal year before continuing with their general plan. He recommended that the Council not take action at this time, but make their final decision at their next regular meeting. Mr. Jeppson stated that the Town would know the amount they would receive prior to budgeting for the next fiscal year. He stated that each Town could only make one request for funding, however, could include more than one activity per project outlined on the application. Mayor Cutillo called the public hearing to a close at approximately 7:37 p.m. Town Council Regular Meeting Minutes 01/03/91 Page 5 of 8 AGENDA ITEM #10 - DISCUSS AND POSSIBLY ACT UPON RESOLUTION 1991-01. ABANDONING THE PUBLIC EASEMENT UTILITY EASEMENT AFFECTING BLOCK 1. FINAL PLAT 602C AS RECORDED IN THE OFFICE OF THE MARICOPA COUNTY RECORDER Mr. Jeppson explained that the reason for the request to abandon the public utility easement at the rear of the lots in this block was due to the number of houses existing that had walls and fences rendering the easements almost useless. He stated that the utility companies had their utilities available from the street and had no objection to the abandonment. He said that in order to ease the processing of building permits, staff was recommending abandonment of the easements. Mr. Farrell stated that more than one of the property owners on the block affected by the easement had requested that the Town contact the utility companies concerning abandonment. Mr. Nordin said that they were attempting to deal with this whole block because, with the abandonment of one easement, the remaining easements within the block had been rendered useless. Mr. Jeppson explained that, initially, the Town had contacted all utility companies concerning only one of the affected lots and after receiving permission from the utilities, had written again concerning the entire block. Those utilities which responded to the second request also gave their permission for abandonment. Councilwoman Tibbetts stated that in her experience, a request of this type could only be considered on a lot-by-lot basis. Mr. Farrell suggested that the Council move to postpone this issue until the next regular meeting on January 17, 1991. He stated that at this time a map would be provided for the Council 's review and that consent would be obtained from all utility companies involved. Mr. Jeppson stated that the Town had already allowed the property owner of lot #26 encroachment on the basis of the utility companies ' letters. Mayor Cutillo made a MOTION to postpone this decision until the next regular meeting. SECONDED by Councilwoman Tibbetts. Mr. Ritchie Joslin commented that many of the easements were not public utility easements for drainage and felt that the owners may have rights to the drainage on the easement. He said he felt that if the easement were only for public utilities then the public utility was the only issue needing to be addressed. Mr. Jeppson stated that if the easement were for drainage, a property owner would need permission from every upstream property owner who would use the easement before he could build a fence. Councilwoman Tibbetts mentioned that although easements were for public utility and drainage, most were not used for these purposes which was what lead to the "red tape" problem. The motion CARRIED unanimously. Town Council Regular Meeting Minutes 01/03/91 Page 6 of 8 41116, AGENDA ITEM #11 - DISCUSS AND POSSIBLY ACT UPON ORDINANCE 91-01. AMENDING THE ZONING MAP OF FOUNTAIN HILLS TO REFLECT THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO DOWNZONE LOTS 22 THRU 26 OF BLOCK 1. PLAT 601A. AS REQUESTED BY THE PROPERTY OWNER. ADRIATIC CORP. . FROM R-3 TO R1-10 Mayor Cutillo asked if anyone from the public had a statement or a request for public hearing. As no one came forward the Council continued their discussion. Councilman Minarsich declared a conflict of interest and abstained from participation. Based on Mr. Farrell 's advice concerning material benefit due to an increased property value, Councilwoman Tibbetts also declared a conflict of interest and abstained from participation. Councilman Fox made a MOTION that the Council downzone to R1-10 for the properties as written. SECONDED by Councilman Clark and CARRIED unanimously with Councilman Minarsich and Councilwoman Tibbetts abstaining. AGENDA ITEM #12 - CALL TO THE PUBLIC No one came forward to address the Council. AGENDA ITEM #13 - PURSUANT TO A.R.S. 38-431.03.A.1. AND A.R.S. 38-431.03.A.3. . VOTE TO GOT INTO EXECUTIVE SESSION FOR DISCUSSION AND CONSIDERATION OF THE TOWN MANAGER'S SIX MONTH EVALUATION AND FOR DISCUSSION AND CONSULTATION FOR LEGAL ADVICE FROM THE TOWN ATTORNEY ON ANNEXATIONS. RESPECTIVELY Councilman Clark made a MOTION to go into Executive Session. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. At approximately 7:53 p.m. the Town Council went into Executive Session. AGENDA ITEM #14 - RETURN TO REGULAR SESSION The Town Council reconvened in regular session at approximately 9:21 p.m. AGENDA ITEM #15 - DISCUSS AND POSSIBLY ACT UPON THE TOWN MANAGER'S EVALUATION RECOMMENDATIONS Councilman O'Brien made a MOTION that the Council honor Manager Nordin with a $2,000 increase in his salary. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. Town Council Regular Meeting Minutes 01/03/91 Page 7 of 8 AGENDA ITEM #16 — ADJOURNMENT Councilman Minarsich made a MOTION to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 9:22 p.m. TOWN OF UNT HILLS By: John utillo, Mayor ATTEST: J I 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 held by the Town Council of Fountain Hills on the 3rd day of January, 1991. I further certify that the meeting was duly called and that a quorum was present. DATED this o day of March, 1991. *it) 0,64.2A_A__‘ • / ±hziA,L_) Cassie B. Hansen, Town Clerk ,4000 Town Council Regular Meeting Minutes 01/03/91 Page 8 of 8