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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 Town Council Work/Study Session Minutes 01/15/91 Page 1 of 8 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. Town Council Work/Study Session Minutes 01/15/91 Page 2 of 8 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. Town Council Work/Study Session Minutes 01/15/91 Page 3 of 8 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 j 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. Town Council Work/Study Session Minutes 01/15/91 *401111) Page 4 of 8 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. Town Council Work/Study Session Minutes 01/15/91 Page 5 of 8 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 •44) 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 Town Council Work/Study Session Minutes 01/15/91 Nugi) Page 6 of 8 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. Town Council Work/Study Session Minutes 01/15/91 Page 7 of 8 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 Town Council Work/Study Session Minutes 01/15/91 Page 8 of 8