HomeMy WebLinkAbout1991.0115.TCWSM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
JANUARY 15, 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., Tuesday, January 15, 1991, in the
Fountain Hills Town Hall Offices located at 16836 E. Palisades, Building C,
Fountain Hills, Arizona.
ROLL CALL - Following the pledge to the flag and the invocation by Councilman
Charlie Fox 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, Town Attorney Bill
Farrell, Director of Community Development Gary Jeppson and Town Clerk Cassie
Hansen.
Also present from the Fountain Hills Planning and Zoning Commission were the
following members: Chairman Paul Slater, Vice Chairman Stan Connick and
Commissioners Loras Rauch, John Pucetas, Terry Oester, Bob Thomas and Ken
Bretting.
AGENDA ITEM #2 - MONTHLY REPORT BY MAGISTRATE SHOOS
Magistrate Shoob reported that the Court had held its first driving class the
past Saturday with eighteen people in attendance. He stated that he was
continuing his work to obtain a grant through the Supreme Court for an additional
high-powered computer and felt confident that his application would be
considered.
Magistrate Shoob commented that his court was in need of an associate magistrate
to fill in when he was unavailable. He said that he had been talking with a man
who he felt would be qualified in this capacity and explained that his
recommendation was to pay the associate magistrate on an hourly basis. He
commented that he would like to introduce his candidate to the Council at their
next work/study session.
Magistrate Shoob presented his December, 1990 monthly report for the Council 's
perusal. He explained that the Court had 105 cases pending, 331 cases filed, 9
trials and 256 terminations. He stated that the gross revenue from the Court was
$11,403 for December. The year-to-date total reported was 1,442 cases filed, 47
trials and 1,260 terminations. The year-to-date total gross revenue for the
Court was $53,607. The Magistrate stated that there was $34,672 in outstanding
accounts and that of the outstanding accounts 74 people were paying their fines
on "payment plans" representing $9,712. He also said that 51 people had
outstanding warrants representing $10,260 and that 69 people have had their
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licenses suspended and have had their accounts placed on hold until the time when
their fines were paid representing $13,295. He stated that their new part-time
clerk was helping the Court 's collection efforts greatly.
Magistrate Shoob mentioned that 40% of the fines collected went to the Supreme
Court. He stated that additionally, the Court netted approximately $2,000 from
diversion fees from the defensive driving school and that approximately $8,000
of the gross revenue was not subject to the Supreme Court 's 40% cut. He pointed
out that the gross revenue for the year-to-date figures was double the original
estimate.
AGENDA ITEM #3 - TOWN MANAGER'S REPORT
A. Project Update
a. Discussion with representative of the Fort McDowell Indian Community
on remedying the roaming cattle problem and providing funding for
fence construction
Mr. Nordin recommended that an allotment of $4,300 be distributed to
the Indian Community in partial payment for materials to help keep
roaming cattle out of the Town. He stated that giving the tribe
this money would be a "good will" gesture as the roaming cattle
problem is, in part, the Town's.
Councilman Minarsich said that there was an ordinance which required
the Indian Community to keep the cattle out of Fountain Hills.
Councilwoman Tibbetts stated that the "no fence district" meant that
if any cattle owned by someone who lived beyond the no fence
district caused any damage, then the owner had to be dealt with
directly. She said that there was no ordinance specifying that a
physical fence had to be erected to protect property. Mr. Nordin
said that he would discuss an intergovernmental agreement with the
Town attorney and report back to the Council. Councilwoman Tibbetts
stated that the current fence had been built ten years ago with
materials supplied by MCO and labor supplied by the Indian
Community. She further stated that the agreement between the Indian
Community and MCO indicated the Indian Community would perform any
repair work.
b. Presentation on the Felker project
Mr. Nordin introduced Mr. Dick Felker, Mr. Vern Swaback, Mr. Dale
Gardon, Mr. Scott Rose and Mr. Ron Smith of the Felker group.
Mr. Swaback explained briefly Swaback and Associates ' role. He
stated that Swaback and Associates had been working on design of the
property since May, 1990 and that Mr. Felker had been working on the
design for four years prior to that time. He said that the goal was
to work toward annexation with Fountain Hills.
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Mr. Gardon stated that they had submitted a development master plan
document which outlined the basis on which they started. Initially,
the area had been named "Summit East" and "Summit West" and had been
renamed Los Altos Hills. He explained that they had also developed
a land use plan which described the property by three land use
categories and briefly discussed what each category meant. He
stated that they were working with Town staff to determine zoning
categories.
Mr. Gardon commented that heavy controls were being placed on the
property regarding building height, color and style. He stated that
they were promoting the revegetation of areas but explained that no
development occurred without some disturbance. He described some of
the guidelines and restrictions being placed on both residential and
commercial areas.
Mr. Gardon stated that through detailed analysis his associates
determined what type and size of lot sold well. He explained that
they were proposing to complete a certain amount of grading prior to
selling in order to increase the parcel 's appeal. He said that by
doing this they would be able to sell the parcels more easily, and
could pre-establish the parcel 's contours in relation to the rest of
the area. He stated that once a parcel had been sold, the builder
would be required to submit plans for approval indicating specific
site and grading plans to show how they planned to contour that site
to meet a specific product. He stated that the effort needing to be
put into grading would be substantial for any builder to undertake,
and if it was done with the master development that those costs
could be absorbed along with the roads and the golf course. He said
that once the grading was complete they would hydroseed the sites
with native plants and charcoal dust the area.
Mr. Rose gave a brief overview of the improvement district and
roads. He stated that it would start with a resolution of intention
in which they would be preparing the infrastructure plans. He also
stated that a series of meetings and hearings would be held to bring
the infrastructure within the funding mechanism. He said that this
would be a method by which public improvements could be funded
including roads and infrastructure.
Mr. Rose stated that they were trying to avoid any negative design
guidelines and said that they were trying to indicate what builders
could do, not what they could not do. He said they were encouraging
flexibility to effectively design a hillside unit.
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Mr. Gardon stated that besides the golf course there was a large
hillside area which had been earmarked for recreational purposes.
He said that this area would remain in the control of a homeowner
association. He pointed out that the driving range would be
directly below the present Shea Blvd. overlook and said that removal
of the overlook had been recommended due to the traffic dangers it
created.
Mr. Tim Yoder addressed the Council 's concern regarding emergency
and fire equipment 's ability to maneuver as streets were planned to
be only 22 feet wide and would also be very steep. He commented
that response time would not be within acceptable guidelines and
stated that this new area would need its own fire department. Mr.
Gardon explained that difficulties would stem from on-street
parking, and stated that no on-street parking would be allowed in
the project. Sprinkler units were proposed as a possible safety
method. Mr. Gardon stated that the streets had been planned to
accommodate the largest emergency vehicles therefore making the area
accessible to all types of emergency vehicles.
Mr. Gardon mentioned that he had met with Mr. Walt Dunne who said he
felt the current school system along with the new high school could
accommodate the increased student load. Mr. Gardon stated that the
project would not draw too many families with school-aged children.
Ms. Loras Rauch expressed her concern about the Planning and Zoning
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Commission 's role in the design review process for not only the
site, but also for architectural design. Mr. Gardon explained that
limitation guidelines would be set with zoning codes. Ms. Rauch
stated that she was concerned with how each structure would relate
to the rest of the property. Mr. Gardon stated that they were
working on zoning categories. Ms. Rauch questioned whether they had
given any consideration to a master plan for parkway loops or for
pedestrian and bicycle paths. Mr. Gardon stated that there would be
a master homeowner association which would be responsible for
establishing certain recreational amenities. He commented that
certain safety considerations needed to be made in conjunction with
the golf course.
Mr. Farrell explained that the project encompassed 497.48 net acres.
He stated that the project exhibited a dense usage of land and that
building flexibility did not exist. He said that both the
Commission and the Council were giving up some of the flexibility
they would normally have on a vacant piece of property. He stated
that they were making a commitment under the development agreement
fora 10-year period. He said that they were binding themselves to
provide zoning to allow a certain density and intensity.
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coeMr. Farrell stated that they were allowing the developer to use
improvement districts to finance water, sewer and street paving. He
said that they would need to devise a method so as to be assured
that the community was left with a product of value. He explained
that ultimately, the buyer of each lot would pay for the water,
sewer and streets. He said that a debt to equity ratio was needed
to evaluate the improvement district and that this type of financing
did not affect the Town's credit rating.
Mayor Cutillo clarified that the Council was expected to either
accept or deny the annexation of the area on February 7, 1991.
Councilman O'Brien expressed that he was not comfortable with the
narrow streets proposed. The Felker group stated that they would
work with public safety organizations in order to meet safety
standards. Vice Mayor Hudson said that he wanted the public safety
organizations to approve the Felker plans before he would consider
approval. Mr. Gardon agreed to submit the contract to the Council
on January 24, 1991 for their comments and approval prior to
submission of the contract for final approval on January 31, 1991.
He stated that he felt the Council could vote on February 7, 1991.
c. Update on the status of selecting a cable T.V. provider for Fountain
Hills
Mr. Nordin reported that the Town had received two proposals from
cable T.V. provider companies. He said that he would be meeting
with the subcommittee within the next two weeks and said that he
believed they would have a recommendation by the second Council
meeting in February. Mr. Farrell said that at least two months
would be required to develop a contract once a proposal had been
accepted.
d. Update on the old library building lease agreement
Mr. Nordin commented that he believed the church would sign the
lease agreement by the following Thursday's regular meeting.
e. Report on formulating a general plan for Fountain Hills
Mr. Jeppson discussed Fountain Hills ' general plan and why he did
not want to adopt MCO's general plan.
Planning & Zoning Chairman Paul Slater commented that MCO's initial
plan was approximately 11 years old and had only been updated once.
He said that a new plan needed to be adopted due to major
differences in the homeowner market and the goals of the community.
He said he recommended that the Town hire personnel specifically for
development of the plan.
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Vice Chairman Stan Connick stated that he felt the comprehensiveness 4411,
of the current plan was not adequate. Councilman Minarsich
commented that the current plan was a developer's master plan and
did not address many issues desired by the Council.
Mr. Jeppson stated that he was proposing hiring a "Planner II" who
would be responsible for researching and compiling the new general
plan. He said he felt that the planner would become involved in
other issues as well. Mr. Nordin stated that he recommended the
Council approve initially hiring one planner, then later during the
next fiscal year, hire another. Mr. Nordin stated that in his
experience, it was not best to hire full-time staff with the CDBG
grant funds and recommended the use of an outside contractor. Mr.
Jeppson said that $24,000 had been budgeted in the current fiscal
year 1990-91 for the Planner II position.
f. Report on applying for Community Development Block Grant Funds
Mr. Jeppson stated that the grant application for CDBG funds had to
be submitted by January 31, 1991. He explained that this money had
been allocated for helping new towns.
B. Discuss the Following
a. Board of Adjustment selection process
Mr. Nordin stated that he recommended the Council determine when
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they would like to meet to interview the candidates for the Board of
Adjustment. Vice Mayor Hudson stated that he did not feel the need
to interview and had already selected five candidates. Mr. Nordin
stated that he would collect each Councilmember's selections and
prepare a memorandum for the Council.
b. Possible procedures for distributing future LTAF funds and the
formation of an Arts and Humanities Committee
Mr. Nordin directed the Council to consider the people they would
like to appoint to this commission and how large the commission
should be. He said that he felt a sufficient size for the
commission would be five members. He explained that if he were to
appoint the commission then it would not be subject to the open
meeting law, however, if the Council were to appoint members, then
the law would apply. He said he felt that the commission would not
have regular meetings and that the open meeting law would not be a
problem.
Mr. Nordin explained that the Arts and Humanities Committee would
meet to discuss recommendations for distribution of the LTAF funds.
He said that the Council did not necessarily need to make the
decision at budget time and stated that it could be done later. He
also said that if money allocated for this purpose was not all used
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that it could be included in the carry-over balance. Councilman
Clark elaborated on the importance of defining dates for
organizations wishing to apply for the LTAF funds. He also stated
that he did not feel a special committee needed to be formed for
this purpose and that staff could perform this function. Mr. Nordin
suggested that he appoint non-biased people to help him formulate
recommendations for the Council as necessary and report back to the
Council with his suggestions. He also stated that he would develop
a timeframe for working with the LTAF funds.
c. Adjusting the pay scale for election boards
Mr. Nordin stated that he felt an increase in pay for the election
boards was appropriate. No objections were raised by the Council.
d. Naming the length of terms for Parks and Recreation Commissioners
Mr. Nordin reported that the Commissioners had drawn lots to
determine each of their terms and stated that the effective date
began in December, 1990.
AGENDA ITEM #4 - DISCUSS RESOLUTION 1991-02. ORDERING AND PROVIDING NOTICE OP A
SPECIAL BOND ELECTION TO BE HELD ON MARCH 12. 1991. IN AND FOR THE TOWN OF
FOUNTAIN HILLS. ARIZONA. TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE QUESTION
lbw OF ISSUING AND SELLING NOT TO EXCEED S3.530.000 AGGREGATE PRINCIPAL AMOUNT OF
GENERAL OBLIGATION BONDS OF THE TOWN OF FOUNTAIN HILLS. ARIZONA. FOR IMPROVING.
CONSTRUCTING. RECONSTRUCTING AND MAINTAINING STREETS AND HIGHWAYS AND INSTALLING
TRAFFIC CONTROL EQUIPMENT
AGENDA ITEM #5 - DISCUSS RESOLUTION 1991-03. ORDERING AND CALLING A SPECIAL
STREET AND HIGHWAY USER REVENUE BOND ELECTION TO BE HELD IN AND FOR THE TOWN OP
FOUNTAIN HILLS. ARIZONA. ON MARCH 12. 1991. TO SUBMIT TO THE QUALIFIED ELECTORS
THEREOF THE QUESTION OF AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1.200.000
AGGREGATE PRINCIPAL AMOUNT OF TOWN OF FOUNTAIN HILLS. ARIZONA. STREET AND HIGHWAY
USER REVENUE BONDS
AGENDA ITEM #6 - DISCUSS RESOLUTION 1991-04. ADOPTING A FORM OP BALLOT TO BE
SUBMITTED TO THE QUALIFIED ELECTORS OF THE TOWN OF FOUNTAIN HILLS. ARIZONA. AT
THE SPECIAL STREET AND HIGHWAY USER REVENUE BOND ELECTION TO BE HELD IN AND FOR
THE TOWN OF FOUNTAIN HILLS. ARIZONA. ON MARCH 12. 1991. AND ORDERING THAT NOTICE
OF THE ELECTION BE GIVEN TO THE QUALIFIED ELECTORS OF THE TOWN OF FOUNTAIN HILLS.
ARIZONA
There were no questions concerning Agenda Items #4, #5 and #6.
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AGENDA ITEM #7 - ADJOURNMENT
Commissioner Oester made a MOTION to adjourn the Planning and Zoning Commission
meeting. SECONDED by Commissioner Rauch and CARRIED unanimously.
Councilman Fox made a MOTION to adjourn the Town Council work/study session.
SECONDED by Councilman Minarsich and CARRIED unanimously.
TOWN OF FO IN HILLS if`
By:
C
JohntM Cutillo, Mayor
ATTEST: 8111,e12l. JJ
Cassie B. Hansen, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the Work/Study Session held by the Town Council of Fountain Hills on
the 15th day of January, 1991. I further certify that the meeting was duly
called and that a quorum was present.
DATED this day of March, 1991.
. deun,a.
Cassie B. Hansen, Town Clerk
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