HomeMy WebLinkAbout1991.0207.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 7, 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, February 7, 1991, in the
Fountain Hills 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 Rev. Doug
Jackson of the First Baptist 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 Frank
Clark, Mike Minarsich, Charlie Fox and Peg Tibbetts. Councilman Bill O'Brien
came into the meeting at approximately 6:50 p.m. Also present were Town Manager
Paul Nordin, Town Attorney Bill Farrell, Director of Community Development Gary
Jeppson and Town Clerk Cassie Hansen.
AGENDA ITEM#2 - ACCEPTANCE OF THE MEETING MINUTES OF DECEMBER 4TH, 6TH AND 20TH.
1990
Councilman Fox made a MOTION to accept the minutes. SECONDED by Councilman
Minarsich Tibbetts and CARRIED unanimously.
AGENDA ITEMS #3, #4, #5. #6 - BOARD OF ADJUSTMENT
At 6:34 p.m. Mayor Cutillo recessed the regular session so the Town Council could
act in their capacity as the Board of Adjustment and hear the request for
variance by Mr. and Mrs. Colin Saddler. These agenda items are documented
separately.
The Town Council of Fountain Hills reconvened at 6:51 p.m.
AGENDA ITEM #7 - SWEARING IN OF THE NEWLY APPOINTED BOARD OF ADJUSTMENT OF THE
TOWN OF FOUNTAIN HILLS
Mayor Cutillo swore in the three Board members who were present at the meeting:
Roland Britten, Joel Cattleman and Paul Kolwaite.
AGENDA ITEM #8 - TOWN MANAGER'S REPORT
A.c. Presentation of the Town 's Budget Review
Mr. Nordin asked to jump to this item and present the town budget review first.
He explained that the budget was relatively easy to work with because there are
only two funds and it is a very simple and straight forward budget. Mr. Nordin
reported that after the first six months, the Town had over a quarter of a
million dollars left over. He further reported that at the start of this
calendar year, the Town had over half a million dollars of unexpended funds. Mr.
Nordin said that in terms of money in the bank, at the start of this calendar
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year, there was over $600,000 in the bank. The Town Manager explained to the
public that there were two protections for the tax payers, one being that it is
illegal to spend money that it doesn 't have - there is no deficit spending. The
second protection is the budget itself - if there is no budget authority, you
cannot expend any funds. Mr. Nordin told the group that he was anticipating a
carry forward balance for this fiscal year close to $600,000 and that that kind
of percentage of carryover is nothing short of excellent. The Town Manager
stated that the "incorporators" had said that something like this was possible
and that he was there to say that they had done it. He further stated that the
"incorporators" deserved a vote of confidence and thanks for the work that has
been accomplished. Mr. Nordin said that much had been done in the last year,
including the lowering of taxes because of the dissolution of the Road Districts,
putting together a major street paving program, instituting Parks and Rec,
Planning and Zoning and expanding the Town 's borders.
Mr. Nordin concluded his report by stating that the Town was in excellent
financial condition but noted that it was very important that appropriate
financial planning continue to take place. He stressed that long term planning
should take place and recommended that the Council establish reserve funds to
save for various future needs.
Councilman Fox presented and explained figures demonstrating how we have gained
since incorporation (attached).
A.a. Report on Selecting a Cable Provider for Fountain Hills
Mr. Nordin reported that the Cable Subcommittee had met with him and had gone
over the two proposals which had been received, from Dimension Cable and theNiu)
wireless firm. He said the committee will probably meet one additional time and
that Dimension may not be ready for their presentation for four weeks from
tonight.
A.b. Report by Vice Mayor Hudson on Sister Cities
Vice Mayor Hudson gave a report on the meeting he attended of the International
Association of Sister Cities . (Copy of the report attached)
B.a. Special Event Request by the Chamber of Commerce for the Great Fair
Vice Mayor Hudson made a MOTION that the Chamber of Commerce be granted the
permits for the Great Fair. SECONDED by Councilman Clark and CARRIED
unanimously.
B.a. Special Event Liquor License Request by the Sunset Kiwanis and the Chamber
of Commerce for the Great Fair
Vice Mayor Hudson made a MOTION that the permit be granted. SECONDED by
Councilman Fox. Mayor Cutillo stated his opposition that he didn 't believe it
would be detrimental to the Fair if this request was denied and didn 't believe
that the sale of alcoholic beverages belonged on Town property. He concluded by
saying that he intended to vote no. Councilwoman Tibbetts expressed her concern
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that the request was for two locations as opposed to a single location. She said
Lir she agreed that this was not a necessity for the success of the event and that
at this point her vote would also be no. Councilman Minarsich asked to clarify
the motion, whether or not it included the two locations. Vice Mayor Hudson said
it did include the two locations as they appeared on the application from the
liquor control commission. The Council voted as follows:
AYE VOTES NAY VOTES
Councilman Fox Mayor Cutillo
Councilman Clark Councilman Minarsich
Vice Mayor Hudson Councilwoman Tibbetts
Councilman O'Brien
The MOTION FAILED, four votes to three votes.
B.a. Sunset Kiwanis Special Event Request for a Biathalon
Vice Mayor Hudson made a MOTION to grant the request. SECONDED by Councilwoman
Tibbetts and CARRIED unanimously.
B.a. MCO Special Event Request for Sunday Concerts in the Park/Closure of Saguaro
Mayor Cutillo made a MOTION to grant the request. SECONDED by Councilman Clark.
Mr. Keith McMahon asked that Saguaro Blvd. be closed from Palisades to Stewart
Vista from 1:00 p.m. to 5:00 p.m. on Sunday afternoons until May. Vice Mayor
(1619 Hudson asked for more information on the insurance coverage of MCO because on
their application, it stated that they were self-insured and that was not
adequate for the Town. He said he was willing to go along with the first concert
request but would like to see the information that was forthcoming from MCO's
home office before the remainder of the requests be granted. He suggested that
if the information that came in was insufficient, this could be brought back to
the Council for further direction. Mr. Farrell said he felt what the Council had
in front of them was sufficient to proceed with the upcoming concert. The motion
CARRIED unanimously.
B.b. The Proposed LTAF Monies Distribution Schedule
Mr. Nordin referred to the schedule proposed in the memo by Ms. Hansen (attached)
and suggested that it would be a good way to handle the dispersement of LTAF
monies for the upcoming fiscal year. He said that per the Council suggestion,
he would, for the first year, serve as the "review committee" but would like some
assistance, perhaps from two or three interested citizens who would be interested
in helping in this process. Councilman. Clark made a MOTION that the calendar of
events proposed by staff be adopted. SECONDED by Councilman O'Brien and CARRIED
unanimously.
AGENDA ITEM #9 - RESOLUTION 1991-01. ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AFFECTING ALONG
REAR OF ALL THE LOTS IN BLOCK 1, AND THE EASTERN SIDES OF LOTS 2. 15. 19 AND 31
OF BLOCK 1, THE WESTERN SIDE OF LOTS 3. 16. 17, 18 AND 30 OF BLOCK 1 OF PLAT 602-
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•
C, A SUBDIVISION OF A PART OF SECTIONS 15 AND 16, TOWNSHIP 3 NORTH, RANGE 6 EAST,
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, IN FOUNTAIN HILLS, MARICOPA COUNTY.
ARIZONA.
Mayor Cutillo made a MOTION to adopt the Resolution as read. SECONDED by
Councilman Minarsich and CARRIED unanimously.
AGENDA ITEM #10 - RESOLUTION 1991-05, ESTABLISHING A SALARY EQUIVALENT FOR
PURPOSES OF WORKER COMPENSATION INSURANCE FOR MEMBERS OF THE TOWN MARSHAL
RESERVES.
Councilman Fox made a MOTION to accept Resolution 1991-05, as amended except to
exclude the word maximum. Councilman Minarsich SECONDED the motion to get it
into discussion. Councilman O 'Brien said that he felt the word "maximum" was an
important word because it limits the size of this program at this point and
limits the Town 's financial liability. He said this issue could always be
revisited at the time the reserve program reached fifteen in number and could
always be changed at that time. Vice Mayor Hudson read the regulations
pertaining to workman 's comp and the required content of the resolution and
stated that a number had to be specified. Mr. Nordin stated that it had been his
standard practice to have the Council act on this type of resolution annually,
generally at budget time. Mr. Farrell said he was happy with the "maximum"
language and that it gave the carrier a chance to establish those costs.
Councilman O'Brien made an AMENDMENT TO THE MOTION, inserting the phrase "will
have a maximum of 15 voluntary policemen". SECONDED by Mayor Cutillo. The
AMENDED MOTION CARRIED unanimously. Following some confusion as to how the
motions had been stated and what the real intent was, Mr. Farrell suggested
restating the motion. Vice Mayor Hudson made a MOTION to adopt Resolution 1991-
05 as presented by staff. SECONDED by Councilman O'Brien and CARRIED
unanimously.
AGENDA ITEM #11 - RESOLUTION 1991-06, AUTHORIZING THE TOWN TO JOIN THE FEDERAL
SURPLUS PROPERTY DONATION PROGRAM
Councilman Clark made the MOTION to adopt Resolution 1991-06. SECONDED by
Councilwoman Tibbetts and CARRIED unanimously.
AGENDA ITEM #12 - ADOPTING THE FELKER DEVELOPMENT AGREEMENT
Mr. Nordin reported that he was ready to accept the development agreement after
much continued discussion with the Felker people. He said that the development
group had addressed his concerns and he was now ready to accept their grading
plan, warning that for awhile, with all the heavy equipment and dirt moving, it
would not be "pretty". He further said that he was convinced and comfortable
with the desire and the potential of this project producing a very appropriate
and beautiful finished product.
Mr. Farrell echoed Mr. Nordin 's sentiments in recommending that the Council
proceed with the authorization to execute the development agreement.
Councilwoman Tibbetts asked what relationship the design guideline document had
to the development agreement. Mr. Farrell responded that they were part of the
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attachment but not incorporated as any changes in our ordinance at this time.
Mayor Cutillo asked if it was the desire of anyone on the Council to have Mr.
Gardon go through the project presentation again and said that he saw a few new
faces in the public, asking for a show of hands of any interested in hearing the
presentation. He then requested that Mr. Gardon briefly go through the
presentation to show the public what the project would be like.
At 8:00 p.m. , the Council took a short break to allow the Felker group to set up
their materials.
At 8:08 p.m. , Mr. Gardon repeated the presentation on the project and took
questions from the public covering maximum building heights, emergency access,
open areas, densities, hillside open spaces, lot sizes, grading and percent of
slope, water source for the golf course, bonded indebtedness (NOTE: Mr. Farrell
answered that both funding districts allow for the sale of tax exempt bonds. He
further stated that the lien that will be on the property to pay for those bonds
will be confined to the Los Altos Hills parcel and the Town 's general fund,
highway fund and bonding capacity would not be affected by those type of
improvement bonds.) , cut and fill, infrastructure financing, tax rates for the
new area, prior history of developer responsibility in providing infrastructure
in new areas, etc.
After approximately one hour, Mayor Cutillo told the public that he appreciated
their interest but the discussion was covering territory that the Council had
covered a number of times in earlier public meetings and only a few more
4110* questions would be taken. The last questions covered how assessments would be
made and construction bonding mechanisms. Councilman Minarsich then made a
MOTION to adopt the Felker development agreement, number V09. SECONDED by
Councilman Clark and CARRIED unanimously.
AGENDA ITEM #13 - ORDINANCE 91-02, EXTENDING AND INCREASING THE CORPORATE LIMITS
OF THE TOWN OF FOUNTAIN HILLS, COUNTY OF MARICOPA, STATE OF ARIZONA, PURSUANT TO
THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND
AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE
EXISTING TOWN LIMITS OF THE TOWN OF FOUNTAIN HILLS.
Councilman Fox made a MOTION to accept Ordinance 91-02 with the exception of the
emergency clause and that all map and ordinance typographical errors he corrected
prior to filing. SECONDED by Councilman Minarsich and CARRIED unanimously.
AGENDA ITEM #14 - CALL TO THE PUBLIC
Arnold VanRuitenbeek suggested using the effluent to create a green belt and add
more fountains in the "downtown" area to enhance the area and give the town a
"heart". Walt Franklin congratulated the Council on their handling of the liquor
license application. Roy Kinsey thanked the Council for their patience at the
meeting.
AGENDA ITEM #15 - ADJOURNMENT
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Councilman Clark made the MOTION to adjourn. SECONDED by Councilwoman Tibbetts
and CARRIED unanimously. 41
The Town Council adjourned at approximately 9:20 p.m.
TOWN 0 FO IN HILLS
By: �l
J n . Cutillo, Mayor
ATTEST:
C . 16 . IC J
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 of the Town Council of Fountain Hills held on the
7th day of February, 1991. I further certify that the meeting was duly called
and that a quorum was present.
DATED this � - day of April, 1991.
e4-1J4-(L /LuCt )
Cassie B. Hansen, Town Clerk
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