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HomeMy WebLinkAbout1991.0404.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 4, 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, April 4. 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 Don Lawrence of Christ 's 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 Frank Clark and Councilmembers Peg Tibbetts, Mike Minarsich, Charlie Fox, Wally Hudson and Bill O 'Brien. 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 FEBRUARY 5TH, 7TH, 21ST AND MARCH 19, 1991 Councilman Fox made a MOTION to accept the minutes of February 5th, 7th, 21st and March 19, 1991. SECONDED by Councilman Minarsich and CARRIED unanimously. :(111, The Council proceeded to Agenda Item #4 before discussing #3 per Mr. Nordin 's suggestion because many parties interested in ADOT 's presentation were not scheduled to arrive until 7:00 p.m. AGENDA ITEM #4 - TOWN MANAGER'S REPORT A. Discuss and possibly act upon a. Special event request by the Sunset Kiwanis for a circus on April 22, 1991 Councilman Fox made a MOTION that the Council approve the special event request for the Sunset Kiwanis for a circus on April 22. SECONDED by Vice Mayor Clark and CARRIED unanimously. b. 1990-91 budget for the Town Marshal Department, including the police reserve budget. Mr. Nordin explained that the report he prepared requested a recent review of the Town Marshal 's departmental operations and recommended that a formal budget for the balance of the current fiscal year be adopted. He stated that the main addition to the budget was for the Town Council Regular Meeting Minutes 4/4/91 Page 1 of 7 outfitting of the reserve unit with uniforms and two police cars with light bars. He stated that he recommended that the additional items be approved by the Council. Mayor Cutillo clarified that the Council was not contemplating, at that time, establishment of a police force and were simply addressing the reserve force. Mayor Cutillo made a MOTION that the Council accept the budget as presented. SECONDED by Councilman Fox. Councilman Hudson stated that the Town had received a grant in the amount of $17,061 for equipment for the Town Marshal 's office which included radios and a computer system. Councilman O'Brien stated that he felt the uniforms and firearms should be the property of the Town. Marshal Ron Dean responded that any purchased property such as firearms, badges and uniforms would be Town property. The motion CARRIED unanimously. AGENDA ITEM #5`- DISCUSS AND POSSIBLY ACT UPON RESOLUTION 1991-13. APPROVING THE DEPARTMENT OF PUBLIC SAFETY CONTRACT NUMBER 91-810. ACCEPTING THE AWARD AMOUNT OF S17.061 FROM THE CRIMINAL JUSTICE ENHANCEMENT FUND FOR THE STREET CRIME AND BURGLARY GRANT Councilwoman Tibbetts made a MOTION to approve Resolution 1991-13 as written. SECONDED by Councilman Hudson and CARRIED unanimously. AGENDA ITEM #6 - DISCUSS AND POSSIBLY ACT UPON RESOLUTION 1991-14. ORDERING THE SALE OF TOWN OF FOUNTAIN HILLS. ARIZONA GENERAL OBLIGATION BONDS. SERIES 1991. IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF S3.3530.000. FIXING THE DATE AND HOUR OF SALE. AND DIRECTING THE PUBLICATION OF NOTICE INVITING PROPOSALS FOR PURCHASE OF BONDS Vice Mayor Clark made a MOTION to approve Resolution 1991-14 as written. SECONDED by Councilwoman Tibbetts. Mr. Nordin introduced Mr. Bob Casillas of Peacock, Hislop, Staley & Given, Inc. and Mr. Mike Cafiso from O'Connor, Cavanaugh and reminded the Council that this issue required a roll call vote. Mr. Cafiso mentioned that money would be available by the end of May for the Town's use. The roll call vote, with all Councilmembers present, CARRIED unanimously. Town Council Regular Meeting Minutes 4/4/91 Page 2 of 7 J AGENDA ITEM #7 - DISCUSS AND POSSIBLY ACT UPON RESOLUTION 1991-15, ORDERING THE SALE OP TOWN OF FOUNTAIN HILLS, ARIZONA STREET AND HIGHWAY USER REVENUE BONDS. SERIES 1991. IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF S1.200.000. FIXING THE DATE AND HOUR OF SALE AND DIRECTING THE PUBLICATION OF NOTICE INVITING PROPOSALS FOR PURCHASE OF BONDS Vice Mayor Clark made a MOTION to approve Resolution 1991-15 as written. SECONDED by Councilman Fox and the roll call vote, with all Councilmembers present, CARRIED unanimously. AGENDA ITEM #8 - DISCUSS AND POSSIBLY ACT UPON ORDINANCE 91-5. AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FOUNTAIN HILLS AS AUTHORIZED IN ARTICLE XXXI. SECTION 31.1 OF THE ZONING ORDINANCE FOR THE TOWN OP FOUNTAIN HILLS. DESIGNATING THE ZONING OF LOS ALTOS HILLS AS "RURAL" 43 Mr. Jeppson explained that Ordinance 91-5 referred to the newly annexed Felker parcel and stated that the Town was required by state law to re-zone the property so that it closely resembled that of the County's zoning. He stated that the Planning and Zoning Commission recommended zoning the area as RURAL-43 as this most closely resembled the area 's previous zoning. Mayor Cutillo made a MOTION that the Council accept the recommendation as written. SECONDED by Councilman Fox. Ms. Erna Charles asked for further explanation of the RURAL-43 zoning and Mr. Jeppson answered that basically this category allowed a density of no more than one house per acre. The motion CARRIED unanimously. AGENDA ITEM #9 - DISCUSS AND POSSIBLY ACT UPON THE REPLAT OF LOTS 41 AND 42, PLAT 414 Mr. Jeppson explained that MCO desired splitting lots 41 and 42, plat 414 and stated that in order to do so the lots had to go through a replatting process. He explained that lot 42 was one and one-half acres and that MCO desired splitting the lot and that the rear portion would be considered lot 42-A. He commented that this would allow the owner to be able to sell the front portion separately. Mr. Ray Baldwin stated that lot 42 was under contract and would be used by a woodworker currently operating out of Mesa. Vice Mayor Clark made a MOTION that the Council approve case #S91-002 to include the five conditions of approval recommended by staff. SECONDED by Councilman O'Brien. Councilwoman Tibbetts declared a conflict of interest and stated that she would not vote. Mr. Richard Songer questioned the zoning of the lots in question. Mr. Jeppson stated that the lots were industrial lots and explained that the Council could allow replatting of property provided the lot met the minimal lot size standards. The motion CARRIED unanimously. Town Council Regular Meeting Minutes 4/4/91 Page 3 of 7 1/4111, AGENDA ITEM #10 — DISCUSS AND POSSIBLY ACT UPON NAMING AN INDIVIDUAL TO FILL THE PLANNING AND ZONING VACANCY Based on the Town Council 's input, Mr. Nordin recommended J. Russell Larson for the vacant position on the Planning and Zoning Commission. Mayor Cutillo made a MOTION that J. Russell Larson be elected as recommended. SECONDED by Councilwoman Tibbetts. Councilman Hudson explained that this position was filling an unexpired term. The motion PASSED 6 aye votes to 1 nay, the one nay vote being cast by Councilman Fox. AGENDA ITEM #3 — PRESENTATION BY AND DISCUSSION WITH DEAN LINDSEY AND ROGER HERZOG OF ADOT ON THE BEELINE HIGHWAY Mr. Roger Herzog of the Arizona Department of Transportation (ADOT) gave a brief overview of the ADOT programming process and stated that they were in the process of updating their 5-year construction program. He said that ADOT had hearings to discuss a tentative 5-year program scheduled for April 19th in Tucson, April 25th in Flagstaff and April 26th in Phoenix. It was explained that the Phoenix hearing would be held in the ADOT auditorium at 9:00 a.m. and that after receiving comments at each hearing ADOT's Board would adjust the program as required. Mr. Herzog explained that the program had a budget of approximately $2 million to use for creating the 5-year program. He stated that work scheduled for fklisv Highway 87 (Beeline Highway) from Payson to Mesa was one of ADOT's top priorities and said that approximately $112 million would be needed for improvements to this highway. He explained that included in these estimates approximately $85 million would be required to complete the four-lane improvements north of Fountain Hills to the County line and approximately $20 million would be required to widen the highway south of Fountain Hills from Shea Boulevard to Mesa. Mr. Herzog described the steps required in order for ADOT to complete a project. He explained the archaeological impacts, environmental concerns, design features, right of way requirements, drainage, and other important factors that needed to be dealt with when planning road development. He stated that only when all factors had been considered and agreed upon could construction begin. He said that ADOT determined that the concept of location design work for Beeline Highway would take approximately 18 to 24 months beginning immediately and stated that work on the final design would begin in June, 1994. Actual construction would not begin until 1996. He mentioned that the availability of funds needed to be taken into account as well as the importance of completing other projects. Mayor Cutillo expressed his concern that the original schedule for completion of the work was scheduled for 1992 and questioned why the project had been "set back. " Councilman Minarsich said he felt that ADOT had delayed their plans to improve the Beeline Highway and asked why ADOT would delay improvements to one of the most dangerous stretches of highway in Arizona. Mr. Herzog commented that ADOT had encountered situations where they could not condemn public land and were forced to allow some projects to be delayed. He explained that ADOT had begun ,, Town Council Regular Meeting Minutes 4/4/91 Page 4 of 7 ,, no new major construction projects that fiscal year and their focus was Only to insure that funding was available to complete projects already underway. He commented that the project from Shea to McDowell was only entered into ADOT's program the previous year and, contrary to many resident 's belief, was not part of any of their previous programs. Mr. Nordin stated that he had been given assurances by Mr. Dale Beasley of ADOT in November, 1990 that the bid was planned for October, 1992 and asked why, they changed their bid date to a later time. Mr. Herzog commented that during their annual update process each project was reviewed and they determined that they could not bid for the Beeline Highway improvements until a later time. Mr. Dean Lindsey stated that construction would take from 18 to 24 months. Councilman Fox asked that since the highway was originally scheduled in ADOT's five-year plan for October, 1992, were the funds being used for other projects. Mr. Herzog answered that their monies were allocated to the entire range of projects and not to any one in particular. Councilman Fox said that ADOT had stated that "money was not the issue" and that they were following the program in a step-wise_fashion. He further said that he knew that they had access to a 200 foot right-of-way and that once access to the Shea Boulevard intersection was obtained they would have all the area required for widening Highway 87. He said that he felt that since the right-of-way issue was satisfied, design work for the project should be well underway. Mr. Herzog stated that the design process would establish the amount of land which actually was needed for the improvements and that 200 feet may not be sufficient for this highway's needs. He elaborated on other considerations which needed to be made before construction could begin. Councilman Fox suggested that obvious signs could be placed along Highway 87 warning drivers of the dangers until improvements were made and also recommended that DPS place more patrol cars along the route during rush hours. Councilwoman Tibbetts asked what the status was of the conceptual planning and environmental studies of phase I. Mr. Herzog stated that ADOT would begin conceptual planning and environmental studies as soon as they- had clearly defined the Shea Boulevard intersection. Mr. Herzog said that safety and the total traffic load were factors which determined ranking of their projects. He stated that the average daily traffic load was 14,000 cars per day. He commented that funding was considered only once the final design was complete and said that timing for finishing a project largely depended upon other projects competing for the same funds. He stated that no assurances as to the exact completion date could be given. Councilman Fox pressed the ADOT representatives to supply the Town Manager with figures indicating the number of cars traveling on Beeline Highway between 6:00 a.m. to 9:00 a.m. and requested that ADOT develop a recovery plan of what it would take to return the Beeline Highway construction plan back to the original schedule. He later also asked Mr. Herzog to supply the Town Manager with a list of ADOT's senior board members. Town Council Regular Meeting Minutes 4/4/91 Page 5 of 7 r Residents who spoke were Reverend Don Lawrence, Dick Songer, Carl Ogden, Elaine Bitterman, Stan West, Pamela Ulrickson, Mike Fink, Bob Long, Bob Riggs, Jeff Mowry, Erna Charles, Gary Emmons, Danny Tancredi, Virginia Truelson, Ray Feller, Mary Petroff, Stan West and Julius Walters. These residents expressed their concerns about their family's safety as well as their own and said they felt they had been "handed a bucketful of empty promises". The improvement timeframe was not what had been promised the previous year and many said they felt they could not trust ADOT. Also mentioned was that the five school busses transporting the Coronado High School students to and from school each day were also at risk when traveling the highway. Residents said they were concerned that they would continue to be ignored by ADOT asked how they could make ADOT consider the situation an emergency issue. Reverend Lawrence gave statistics indicating that an average of 58 accidents occurred each year on the Beeline Highway and, considering the timeframe outlined by Mr. Herzog, a possible total of 464 accidents could result. He further stated that four fatalities had occurred during the past year and that he estimated Fountain Hills may suffer a total of 32 fatalities before the completion of improvements. Mr. Herzog promised Councilman Minarsich that a copy of ADOT's meeting agenda for May 2, 1991 would be sent to Town Hall via facsimile. Councilman Hudson made a MOTION that the Town Manager be instructed and authorized to appoint a Beeline Highway Committee to be made up of the Town Manager, two Councilmembers, and two members at large. The charge of the Committee would be to (A) research all pertinent factors of the Beeline Highway construction schedule and (B) meet with other effected governmental units L including Indian Communities, all toward the goal of a plan for a speedy construction of a four lane divided highway extending from McDowell Road to Shea Boulevard. He added to the motion, "Further, the Council by this motion approves an allocation of $500 for use by the Committee as may be appropriate. Further, that the Council by adoption of this motion officially declares its ' concern and displeasure over the apparent delay in ADOT's construction schedule for this urgently needed section of Highway #87, and urges all parties involved to work promptly and cooperatively on this project, and to remove 'the most dangerous section in Maricopa County' label from this roadway. " SECONDED by Vice Mayor Clark and CARRIED unanimously. AGENDA ITEM #11 — CALL TO THE PUBLIC Ms. Bonnie Kline suggested that the Town have TV coverage at the upcomig ADOT hearing in order to gain further public interest for improving Highway #87. At approximately 8:47 p.m. Mayor Cutillo called a brief recess before voting to go into Executive Session. Town Council Regular Meeting Minutes 4/4/91 Page 6 of 7 41, AGENDA ITEM #12 - PURSUANT TO A.R.S. 38-431.03.A.3. , VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION FOR LEGAL ADVICE WITH THE TOWN ATTORNEY Councilman Fox made a MOTION to go into Executive Session. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. At approximately 9:00 p.m. the Town Council went into Executive Session. AGENDA ITEM #13 - RETURN TO REGULAR SESSION The Town Council returned to Regular Session at approximately 9:54 p.m. AGENDA ITEM #14 - ADJOURNMENT Councilman O'Brien made a MOTION to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 9:54 p.m. TOWN OF OUNTAIN HILLS By: Joh . Cutillo, Mayor ATTEST: � •!J • iitt/K41A.() 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 4th day of April, 1991. I further certify that the meeting was duly called and that a quorum was present. DATED this I E '\- day of April, 1991. CAL44LA:k- 6. /--Lyk_o_k. Cassie B. Hansen, Town Clerk Town Council Regular Meeting Minutes 4/4/91 Page 7 of 7 j