Loading...
HomeMy WebLinkAbout1991.0117.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 17, 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., January 17, 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 Scott Von Lanken of the First Assembly of God, 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 Mike Minarsich, Charlie Fox, Frank Clark and Bill O'Brien. Absent was Councilwoman Peg Tibbetts. 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 - ACCEPTANCE OF THE MEETING MINUTES OF DECEMBER 18, 1990 Councilman O'Brien made a MOTION to accept the minutes of December 18, 1990. SECONDED by Councilman Fox and CARRIED unanimously. 4110, Mayor Cutillo commented that State Representative David Schweikert and Mr. Greg Bielli were in attendance at the meeting and introduced them to the Council. AGENDA ITEM #3 - TOWN MANAGER'S REPORT Before beginning discussion of his report, Mr. Nordin commented that he had visited the state legislature the previous day. He stated that Governor Rose Mofford was recommending in her budget report that the state legislature consider "tapping" all cities ' and towns ' state shared revenues for 1991. He said that this would be a damaging blow to Fountain Hills as the Town relied very heavily on state shared revenues. He promised to monitor the situation so as to report to the Council and commented that he would be vigorous in his efforts to lobby in opposition to any such move. Mr. Jeppson stated that the census bureau had not supplied the Town with a new population figure and said that there were some areas which the census bureau would not accept in their count. He stated that he believed the figure would be between 9,900 and 10,000. Representative Schweikert commented that he had made a request to the Joint Legislative Budget Committee (JLBC) to see the line item which is in the governor's budget in order to obtain an idea what this would do to Fountain Hills. He said he should have a good idea within two weeks concerning the impact on the Town's budget. Town Council Regular Meeting Minutes 01/17/91 Page 1 of 7 A. Project Update 'go) a. Update on the status of selecting a cable T.V. provider for Fountain Hills Mr. Nordin reported that he had distributed the two cable T.V. proposals being considered to the Cable T.V. Subcommittee members. He stated that he expected to assemble the subcommittee within the next two weeks and estimated that at the second Council meeting in February a recommendation to the Council would be made. b. Update on the old library building lease agreement Mr. Nordin stated that Reverend Scott Von Lanken had informed him he would be signing the lease agreement. He requested that the Council give authorization to sign the lease on behalf of the Town and stated that staff intended to comply with the Council 's directive to advertise the building for rental. Councilman Fox made a MOTION that the Council give the staff authorization to sign the lease and also direct staff to place an advertisement for the rental of the old library building at the agreed-upon rate in the next issue of the Fountain Hills Times. SECONDED by Councilman Clark. Councilman Minarsich stated that running an advertisement for only one week may prove ineffective and suggested that the Town list with a realtor. The motion CARRIED unanimously. *4411) c. Report on formulating a general plan for Fountain Hills Mr. Jeppson stated that he and the Planning and Zoning Commission recommended a general plan should be prepared and that the Council consider providing funding for either hiring a planner or an outside firm to assist with development of the plan. He outlined the benefits of developing a general plan and explained the values and drawbacks of hiring in-house personnel as well as obtaining assistance from an outside firm. Councilman Fox made a MOTION to adopt the in-house budget plan to formulate a community development plan. He explained that adopting this motion would not change the existing budget. Vice Mayor Hudson stated that the Council only needed to authorize staff to hire personnel needed for development of the master plan. Councilman Fox explained that there were two plans presented to the Council, and his motion was to adopt the in-house plan. Mayor Cutillo stated that he felt the Council was premature in making this motion. Mr. Jeppson stated that the Town should not incur the cost of developing the general plan prior to grant award and explained that the Council needed only to authorize staff to hire a planner. He explained that the planner would perform other functions until the grant award was made. Town Council Regular Meeting Minutes 01/17/91 Page 2 of 7 For lack of a second, the motion died. Councilman Fox proposed hiring the planner as soon as possible and commented that the planner could begin research toward development of the general plan. He stated that the actual work on the plan could wait until grant funding had been awarded. Councilman Clark stated that as there was very little time prior to the beginning of the next fiscal year he did not feel a new planner would be able to do much. He suggested that Mr. Jeppson wait until July, 1991 when grant award notification was made to hire for this position. He explained that at that time the Council would be approving the budget for their next fiscal year and felt the Council would be better prepared to decide whether to hire new personnel or utilize an outside firm. Mr. Jeppson stated that by direction of the Planning and Zoning Commission he was requesting guidance from the Council. Mayor Cutillo stated that since money had been allocated in the current fiscal year's budget for this position, staff could begin the hiring process as soon as they wished. d. Report on applying for Community Development Block Grant Funds A MOTION was made by Councilman Minarsich for the Council to support and approve the staff request to apply for Community Development Block Grant funds for the purpose of formulating a general plan for Fountain Hills. SECONDED by Mayor Cutillo. Councilman Clark AMENDED THE MOTION to include $80,000 as the amount of funds for which to apply. The amended motion was SECONDED by Councilman O'Brien. The AMENDED MOTION CARRIED unanimously. The ORIGINAL MOTION CARRIED unanimously. Mr. Norman Lash questioned whether they were allocating funds for the hiring of a consultant to develop a general plan. Mayor Cutillo explained that the Council was not voting to decide this item that evening, however, commented that they were considering doing this. Councilman Minarsich stated that the funds which would be used would be grant funds, not Town of Fountain Hills taxpayer money. Ms. Erna Charles requested that the Council indicate the legal timetable on presenting the development plan to the community. Mayor Cutillo stated that the Council would know by July, 1991 if money was to be awarded to the Town, and commented that the funds would not be disbursed until September, 1991. He stated that the decision on whether to hire a consultant or in-house personnel would be made between July and September, 1991. Mr. Farrell stated that once the grant was received the Town would have one year in which to utilize funds. He further stated that after the grant award was made a series of public hearings would be L. Town Council Regular Meeting Minutes 01/17/91 Page 3 of 7 • held to determine the content of the general plan before presenting Nig) it to neighboring communities and Maricopa County for their comments. He explained that during the entire process before formal adoption of the plan public hearings would be held and that no deadline was specified by the State Supreme Court dictating when a general plan must be developed. B. Discuss and possibly act upon a. Board of Adjustment selection process Mr. Nordin reported that he had received lists of recommended applicants from several members of the Council. He commented that he would produce a memorandum within the next several days to the Council and suggested they discuss this issue during the special session. b. Adjusting the pay scale for election boards Mr. Nordin explained that the pay scale he and the Town Clerk were recommending only applied to local elections. Vice Mayor Hudson made a MOTION for the Council to accept the recommendation of the Clerk and set the rate for inspectors at $75 per day and $65 per day for the judges, marshals and clerks. SECONDED by Councilman Clark and PASSED 5 aye votes to 1 nay vote, Councilman Minarsich casting the one nay vote. c. Participating with the Fort McDowell Indian Community to remedy the roaming cattle problem and providing funding for fence construction Mr. Nordin recommended that the Council authorize the Town to extend up to $4,300 in order to provide materials for building the fence. Vice Mayor Hudson requested that an intergovernmental agreement (IGA) be made between the Town and the Indian Community before distribution of the funds. Mr. Nordin stated that he and Mr. Farrell intended to obtain an IGA and said that approval of the expenditures would be dependent on the agreement. He stated that the Indian Community had already begun construction of the fence, however, were not near completion. Mr. Nordin stated that of the total material cost for the fence of approximately $15,000 the Town was only contributing a portion. Councilman Minarsich pressed that by law the Indian Community was responsible for keeping the cattle out of Fountain Hills. Mayor Cutillo suggested that this item be tabled until the IGA was prepared. Town Council Regular Meeting Minutes 01/17/91 Page 4 of 7 • Mr. Nordin explained that in lieu of a "full blown" IGA he felt a letter of understanding would suffice as the amount was not very large. Councilman O'Brien said he felt that the IGA should include not only the mechanics of constructing the fence but also some development on settling future conflicts regarding cattle. Mr. Nordin elaborated that the IGA would cover the maintenance aspects of the fence. Councilman Pox requested that the agreement also include stipulations concerning the timely collection of any cattle wandering into Fountain Hills. Councilman O'Brien made a MOTION that the Council authorize up to $4,300 for the purpose of replacement cost of the current fence contingent on an intergovernmental agreement that also deals with the future handling of cattle. The motion was SECONDED by Councilman Fox. Mr. Lash approached the Council concerning liability of the fence and suggested obtaining a hold harmless agreement. Mr. Farrell stated that hold harmless laws for IGA's with sovereign nations were not solid agreements due to litigation involved with the Superior Court. Councilman Minarsich commented that the Town was not responsible for the materials or labor and determined through Mr. Farrell that the agreement would be very difficult to enforce. Mr. Farrell said that he felt the IGA would provide public benefit. 460, The motion PASSED 5 aye votes to 1 nay, Councilman Minarsich casting the one nay. AGENDA ITEM #4 - DISCUSS AND ACT UPON NAMING THE LENGTH OF TERMS FOR PARKS AND RECREATION COMMISSIONERS Mayor Cutillo made a MOTION that the length of terms be approved for the Parks and Recreation Commissioners as recommended by Mr. Nordin. SECONDED by Councilman O'Brien and CARRIED unanimously. AGENDA ITEM #5 - DISCUSS AND POSSIBLY ACT UPON RESOLUTION 1991-02. A RESOLUTION OP THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS. ARIZONA. 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 OF ISSUING THE SELLING NOT TO EXCEED $3.530.000 AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA. FOR IMPROVING. CONSTRUCTING. RECONSTRUCTING AND MAINTAINING STREETS AND HIGHWAYS Mayor Cutillo made a MOTION to accept Resolution 1991-02 as written. The motion was SECONDED by Councilman O'Brien and CARRIED unanimously. 4111, Town Council Regular Meeting Minutes 01/17/91 Page 5 of 7 • AGENDA ITEM #6 - DISCUSS AND POSSIBLY ACT UPON RESOLUTION 1991-03. A RESOLUTION OP THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS. ARIZONA. 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 Mayor Cutillo made a MOTION to accept Resolution 1991-03 as written. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM #7 - DISCUSS AND POSSIBLY ACT UPON RESOLUTION 1991-04. A RESOLUTION OP THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS. ARIZONA. ADOPTING A FORM OF 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 Councilman Fox made a MOTION to accept Resolution 1991-04 as written. The motion was SECONDED by Councilman Clark and was CARRIED unanimously. AGENDA ITEM #8 - CALL TO THE PUBLIC Ms. Erna Charles stated that on the following Saturday Mr. Phillips would be at the Community Center at 9:00. She requested attendance of as many people as possible as she planned to "ask him for favors. " AGENDA ITEM #9 - PURSUANT TO A.R.S. 38-431.03.A.3. . VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION AND CONSULTATION FOR LEGAL ADVICE WITH THE TOWN ATTORNEY ON THE FELKER/LOS ALTOS HILLS DEVELOPMENT AGREEMENT Mr. Farrell stated that staff requested not to go into Executive Session. He stated that the Felker group had "exhibited a spirit of cooperation" by meeting several of the Council 's requests and that staff also felt due to the short period of time between the work/study session and the regular meeting they could not adequately prepare. Instead, he requested that the Council consider holding a special meeting on January 31, 1991 devoted exclusively to the development agreement and annexation. Councilman O'Brien stated that he felt the executive meeting would be worthwhile in order to discuss and provide input on the Felker agreement. Councilman Minarsich made a MOTION to table the executive session. SECONDED by Mayor Cutillo. Mr. Farrell stated that he and Mr. Jeppson would continue to meet regularly in order to provide a series of documents for the Council on the various issues raised during the previous work/study session. He elaborated that the items on the executive session's agenda only concerned negotiations in Town Council Regular Meeting Minutes 01/17/91 ,410 Page 6 of 7 relation to a labor contract and that he could provide legal consultation, however, felt that the items which surfaced were best left to public discussion. He further stated that the question of legality would be an issue if any decisions were made. Mr. Nordin recommended that further discussion with the Felker group be held at the next meeting. He stated that he would meet with the Felker group in the interim and the Council was welcome to attend. Councilman Minarsich suggested that a work/study session be called for the next week concerning only the Felker project. To Councilman Clark's question Mr. Farrell stated that development agreements were normally only executed by the Town and the developer and did not recommend the inclusion of other signatures. He said that staff could provide letters signed by emergency services indicating their approval of the Felker plans. Mayor Cutillo commented that pursuant to the annexation agreement discussed approvals such as these would be included. Mr. Nordin explained that the Felker group was re-drafting the agreement and would provide the document by the next day. Mr. Lash commented he felt that 20-pound fire extinguishers should be required in all new homes and buildings in Fountain Hills. The motion CARRIED unanimously. The Council agreed to meet next on Wednesday, January 30, 1991 at 4:30 p.m. Councilman Clark made a MOTION to adjourn. SECONDED by Councilman Minarsich and CARRIED unanimously. The Council adjourned at approximately 7:45 p.m. TOWN OF FOrTA HILLS _, 7 By: John M. C tillo, Mayor ATTEST: ( 4.1 ,6i5• /rit..„.....„) 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 17th day of January, 1991. I further certify that the meeting was duly called and that a quorum was present. DATED this �f .--- day of March, 1991. 04-44-Aldt-- %16 • l Cassie B. Hansen, Town Clerk Town Council Regular Meeting Minutes 01/17/91 Page 7 of 7 j