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.
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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
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Page 3 of 7
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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.
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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.
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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
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