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HomeMy WebLinkAbout1991.0514.TCWSM.Minutes L TOWN OF FOUNTAIN HILLS MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 14, 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, May 14, 1991, in the Conference Room of the Town Hall Offices located at 16836 E. Palisades Blvd. , Building C, Fountain Hills, Arizona. 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, Judge Shoob, Town Attornies Bill Farrell and Nick Dottermann and Town Clerk Cassie Hansen. ADGENDA ITEM #2 - TOWN MAGISTRATE'S REPORT Judge Shoob gave his monthly report. Councilman Fox asked if the reservists were helping to recapture some of the outstanding warrants and funds from the court and Judge Shoob reported that they were as far as the Fountain Hills people. The majority of outstanding warrants were from Phoenix and Scottsdale and the reservists would not be sent out on those. He said that they were sending lots of letters. Judge Shoob was asked what would happen if someone was picked up and it was found that they owed the Town money. Judge Shoob stated that it would depend on what the offense was and the dollar amount outstanding. If the offense was other than traffic and there was a warrant out and the individual was picked up, he would be put in Maricopa jail and a bond would be set. He reported that in civil traffic cases, the only thing that can be done is to suspend the license. If someone is picked up on a suspended license, they can also be booked. He said that almost 50% of the monies shown as outstanding accounts are on payment plan right now. The Magistrate said that Maricopa County Sheriff's Office will be having a warrant hot sheet that they will distribute to other police departments. He said that they would work with the reserve units on weekends when people are home and that would be starting May 15, 1991. AGENDA ITEM #2 - TOWN MANAGER'S REPORT A.1. Mr. Nordin reported on the Beeline Highway and called attention to Resolution 1991-31 on the adgenda. Mr. Nordin requested that the Council give favorable consideration to this resolution, stating that the reason for this Resolution was that ADOT had made no change in their five year plan. Mr. Nordin stated that one hundred fifty to two hundred Fountain Hills residents had gone to Phoenix to request that the construction schedule be moved up. Mayor Cutillo stated that he had received a phone call from Mr. Chavez of the transportation board and that they would like to form an informal meeting between members of the board, i.e. someone from the Governor's office, Representative Schweikert, Minutes of the Work/Study Session of the Town Council 5/14/91 Page 1 of 8 Representative Steffy and the Mayor. The first meeting would be held on 5-23-91. The Mayor stated that this "committee" was to meet on an ongoing basis and that the purpose was to stay current on what was happening with the Beeline problems so they could be addressed as they came up. Councilman Fox stated that this would be good to do and that a monthly meeting would help everyone stay current and that the request was a reasonable one. Councilwoman Tibbetts asked if there would be people from various parts of the valley with other concerns at these particular meetings. Mayor Cutillo stated that it was his understanding that the meetings would be concerned with the Beeline Highway issue. Councilman Clark stated that Harry Reed had said that this section of Beeline had been thrown in with other projects, some of which had earlier schedule dates. Councilman O'Brien stated that he wondered how they could say they were not behind schedule. He further suggested that, in the meetings, the committee should find out how the Arizona Department of Transportation could have a change in their scheduling yet not explain why the change was made. Mayor Cutillo stated that he felt the ball had been dropped and that the negotiating had been rather slow with the Indian Tribe. Councilman Fox stated that the delays were why we needed to get ADOT to commit to something other than just pushing the schedule out to the end. Mayor Cutillo stated that he was glad that there was going to be someone present from the Governor's office as well. B.2. Mr. Nordin addressed the liquor license application for Walgreens and stated that Ms. Hansen would be able to address any questions regarding this. Mr. Nordin stated that the second topic of discussion would be the Chamber with regard to the July 4th festivities. Councilman Hudson addressed the fourth of July event and asked what the admission would be. Linda Fry from the Chamber of Commerce stated that admission would be $5.00 for adults, $3.00 for children under 12, with 5 and under being admitted for free. Ms. Fry stated that they would have 2000 linear feet of fencing for containing the crowd at the concert and that the admission price was to help pay for the function. She stated that security would be provided by the Maricopa County Sheriff's Office, the Posse, Valley Security, the Fountain Hills Marshal's Reserves and Rural Metro Fire Department. Ms. Fry further stated that they were expecting no problem with people who do not want to pay the admission fee, as they can stand outside the fence. Councilwoman Tibbetts asked what neighboring communities charged for this type of event and Ms. Fry answered that Westworld was charging $4.00 for everyone. Mayor Cutillo said he had no problem with any of this, and that his only concern was getting formal approval from the Sheriff and Fire Departments. Mr. Nordin stated that he had received approval from Fire Chief Knapp and the Sheriff's office and that everything had been approved. Councilman Hudson asked if they were going to allow coolers. Ms. Fry stated that anything carried in would be searched and that Valley Security had been instructed to do so. She also stated that this fact would be included in the advertising. Ms. Fry said that the advanced ticket sales would be at Dillards. Someone suggested that the information about no coolers be put on the tickets as well as signs posted well in advance of the gates. Councilwoman Tibbetts asked if insurance certificates had been turned into the Town and MCO and Ms. Fry replied that they had been. Minutes of the Work/Study Session of the Town Council 5/14/91 Page 2 of 8 L AGENDA ITEM #4 — RESOLUTION 1991-30. ARIZONA CORPORATION COMMISSION. THE RESIDENTIAL UTILITY CONSUMER OFFICE AND THE REQUEST BY CHAPARRAL WATER COMPANY FOR A WATER RATE INCREASE Councilwoman Tibbetts expressed, for the record, her conflict of interest and abstained from participation in this agenda item. Councilman Hudson presented the Resolution which he had originated and stated that there were really two Resolutions and that the one he was requesting to be considered was the one which showed the docket number on the top. Councilman Minarsich had a question on the fourth "whereas", RE: CAP costs. Councilman Hudson stated that the evidence was not presented at the meeting, but that it came from a 400+ page transcript and also from the letter. Mayor Cutillo asked Councilman Hudson what evidence and Councilman Hudson stated the evidence they had given at the public hearing as to the apportionment. Councilman O'Brien asked if it was really evidence or just opinion to which Councilman Hudson replied that it was probably both. Mayor Cutillo said that he and several others had attended a meeting with RUCO and that it was his opinion that it was RUCO's opinion and not evidence. The Mayor said that at that meeting, RUCO had said they were used to being beat up by the Corporation Commission and that they had lost many cases. He also said that he questioned whether he wanted them to represent us, because they could lose and the Corporation Commission could come back with a higher rate. The Mayor also stated that he was concerned with RUCO because they had changed their position four times. Mr. Nordin was asked if it was RUCO's intention to intervene in this case and Mr. Nordin replied that he did not believe it was and that he had a conversation with Mr. Doug Brooks. Mr. Nordin stated that he had asked Mr. Brooks if it was their intention to attempt to intervene at this time and that Mr. Brooks had responded that it was not. He did say, however, that if they were asked to intervene, they would. Councilman O'Brien recommended minimal revisions to the letter. Councilman Clark stated that didn't feel the intent of the Resolution was to represent the Town Council, but rather the citizens and rate payers of Fountain Hills. Councilman Fox disagreed pointing out that the third paragraph stated, "well qualified to represent the Town Council and rate payers." Councilman Minarsich stated that past performances by RUCO did not make him condident with their representation. The Mayor stated that he felt the system had worked in the past and that his only concern was to make sure all areas had been covered. The Mayor said he would be in favor of sending a letter stating that if the case were reopened, the Council would support RUCO's intervention. He stated that he would not support reopening the case. The Mayor stated that with the above referenced Resolution, we would be asking them to reopen the case and he did not want to. Councilman Fox said that he did not like the report which used 600 starts per year as a basis. Mayor Cutillo suggested that if this item were kept on the agenda for Thursday night, he would prefer to see a letter rather than a Resolution be presented. Mr. Nordin made a comment to the Council that he had drafted a letter and he recommended approval of the letter regardless of the Council's decision on the Resolution. Mr. Nordin stated that a copy of the letter had been distributed to all council members with the exception of Councilwoman Tibbetts. He also stated that the letter would be a press release and would go to the Arizona Corporation Commission. Councilman Clark stated he had attended a four hour session at the ACC hearings and had read the transcript, the staff report and the hearing officer's proposal and agreed that the ACC and Minutes of the Work/Study Session of the Town Council 5/14/91 Page 3 of 8 the hearing officer had bent over backwards to insure that all questions had been dealt with. But, he also stated that if RUCO felt that they had any chance to go in and correct any errors in the handling of the rate case, they ought to be given that opportunity. He stated that he still felt that way, even after all of the discussions. He stated that he was willing to let the ball drop where it may, and that if Chaparral City Water Company could prove they should have a higher rate, then it should be raised. Councilman Minarsich stated that the letter indicates just that. Councilman Fox stated that the letter put the burden where it belonged and that if RUCO's job was to intervene in our behalf, then they should do it. Councilman Minarsich asked if they were prevented from intervening. Mr. Farrell stated that there was no provision currently under the law for any party to intervene in that particular case. He stated that protocol dictates that if the ACC were to reject the hearing officer's proposed form of order, they could either a.) come up with their own proposed form of order or, b.) return the case for further hearings and open the period of intervention for another short time period. Councilman Clark added that RUCO had stated that they intended to be present on the 21st and that they believed they would be asked to comment. Mr. Farrell stated that all parties had ten days to submit their comments. Councilman Minarsich said he felt the letter was a good compromise to the disagreement as to what our role should be in this case and that he supported the letter, not the Resolution. Mayor Cutillo concurred. Mayor Cutillo asked the staff to include the option of a letter on the agenda for Thursday. Hal Porter stated that the Fountain Hills Home Owners Association would like to have the help of the Council and would like to see justice done. AGENDA ITEM #5 - ACCEPTING THE REVISED AGREEMENT WITH THE ARIZONA MUNICIPAL RISK RETENTION POOL INCLUDING THE ARTICLES OF INCORPORATION AND BYLAW CHANGES. Councilman Hudson stated that the Department of Administration had indicated that because of the successful management of the risk pool, they no longer felt it was necessary to directly administer the pool and therefore they had turned the control over to the Board of Directors which was an elected body of five officers selected from pool members. The firm representing them on corporate matters had redrafted a set of bylaws and articles of incorporation. They had sent a copy of the redrafts to all members for review and possible adoption and added that he believed all was in order. Councilwoman Tibbetts requested clarification as to the Sanitary District's right to be a non-voting member. Councilman Hudson stated that the revised bylaws permit other governmental entities to become part of the pool. He further stated that even though the rules hadn't totally been established, that they would probably be members on a non-voting basis. He stated that each applicant is examined by the Board and approved by the Board before they are allowed membership. He added that at the next annual meeting in Yuma, each town will have the chance to vote on whether or not other districts should be brought into the pool . The consensus of the Board and managers had been to allow certain districts in if they could qualify, and upon inspection, were found to have records of good loss ratios. Councilman Hudson said he felt the Town was safe staying with the Pool. He stated that with the Town's limits of $5 million, the Town would have to pay anything over $300k, and this would be fully re-insured by someone outside the pool. He stated that the pool was only liable for the first $300k. He further stated that another good item was the set Minutes of the Work/Study Session of the Town Council 5/14/91 Page 4 of 8 L up in the rules regarding safety. He indicated that if a town was not willing to set up safety committees and follow recommended procedures and that there were procedures by which they could be given a year's notice and then would be removed from the Pool. He stated that towns with good committees and enforcement seemed to have less claims. Councilman Clark stated that he had one correction on page 9, item 17, changing the underscored word 'term' to 'team' . Mr. Nordin requested to go back to the previous item, asking that if the Council decided to approve either or both of the documents, that he be directed to present same to the Corporation Commission in the appropriate setting. He stated that telling the Arizona Corporation Commission that the Council believed RUCO had the right to speak would be consistent with what the letter said. AGENDA ITEM #6 - RESOLUTION 1991-16. ADOPTING A CONSTRUCTION FEE SCHEDULE FOR CONSTRUCTION PLAN REVIEWS Mr. Jeppson said he had contacted the Licensed Contractor's Association as well as MCO and had spoken to Ray Baldwin who had no objection to the above referenced topic. Mr. Jeppson said he had taken out the water and sewer rates and had tried to get feedback from the Licensed Contractor's Association and their concern was with the driveway cut. Mayor Cutillo said he would like to see the $3/acre plus 4111, $50 increase on new single family residence construction eliminated. Councilman Fox suggested the fee could be taken out and that it was covered under the code in Chapter 7 of the U.B.C. Mr. Jeppson stated that was correct. Councilman Minarsich requested interrupting the agenda, and stated that there was an incorrect item on the liquor license application for Walgreens. He said that Shepard of the Hills Church was shown as the closest school and McDowell Mountain was shown as the closest church and that he wanted this transposition noted, for the record. AGENDA ITEM #7 - RESOLUTION 1991-25. APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR GOLDEN EAGLE PARK Mayor Cutillo called for the introduction of the Town's new Parks & Recreation Director, Robin Goodman, by Mr. Nordin. Mayor Cutillo welcomed Ms. Goodman aboard. Ms. Goodman displayed a plan for Golden Eagle Park. She stated that she had met with Larson & Associates and that they had made some changes to the plan since the Council's last viewing. They had tried to add amenities that would influence the Town's receiving the grant funds. She stated that they looked at things that would not change the character but enhance the project. She further stated that they were applying for approximately $1 million and that this meant the Town's half would be $500k. Ms. Goodman stated that the Heritage Fund would pick up half and then the combination of MCO, the Town and the schools would pool for the 46, other 50%. Mr. Norton stated that a major portion of that match would be the value of the land which was approximately $250-300k. Councilman Fox asked how Minutes of the Work/Study Session of the Town Council 5/14/91 Page 5 of 8 many tennis courts were figured into the plan. Councilman O'Brien stated the philosophy was to meet the school half way. He stated that the school said they would need a minimum of six and a preference of eight, so we had met them half way with three. He said that according to Walt Dunn, the school would put three in right across the line. Mr. Nordin stated that by Thursday, the dollar amounts need to be filled in. Councilman O'Brien asked why the 10% was called a non- project surcharge? Ms. Goodman stated that it was administrative, and it helped the managing agency with administrative costs. For instance, if we were granted $300k, we would immediately have to give back $30k to the State Parks Department. Ms. Goodman stated that the likelihood of the Town getting the Grant was good. She explained that a priority rating system was used to rate the projects and that another plus for the Town was that it was our first appliction. She said that grant requests were due June third with notification sometime between August and October and funding anywhere from January to June, 1992. Mayor Cutillo asked Ms. Goodman to speculate on anything that they might not like about our submittal. Ms. Goodman stated they probably would not approve the the softball lights. She explained that they had to spread limited funds to all communities and that the Town would be able to either find another funding source or go back to them for the lights another year. Councilwoman Tibbetts clarified that they would not modify the plan, just the funding. Ms. Goodman stated that changes could be made to the plan. She said it was not a case of them not approving a part of the project, rather a case of not funding a part of the plan. Councilman Fox stated that a point to bring up was that the larger towns had already submitted their grant requests and they should be very favorable towards new towns and their first projects. Ms. Goodman stated that if a letter of intent was submitted by the June 3, 1991 deadline, we would be able to present the grant request later. AGENDA ITEM #8 - RESOLUTION 1991-26. APPROVING THE PLANS. SPECIFICATIONS AND ESTIMATES AND DECLARING ITS INTENTION TO ORDER THE IMPROVEMENT OF A PORTION OF THE TOWN OF FOUNTAIN HILLS KNOWN AS THE LOS ALTOS HILLS IMPROVEMENT DISTRICT BY THE CONSTRICTION OF CERTAIN IMPROVEMENTS INCLUDING THE CONSTRUCTION. PAVING AND LANDSCAPING OF CERTAIN ROADS AND DRAINAGE FACILITIES: ALL AS SHOWN ON THE PLANS; DESIGNATING SUCH IMPROVEMENT AS THE LOS ALTOS HILLS IMPROVEMENT DISTRICT; DETERMINING THAT IMPROVEMENT BONDS WILL BE ISSUED TO FINANCE THE COSTS AND EXPENSES THEREOF AND DECLARING THE WORK OR IMPROVEMENT WILL BE ASSESSED UPON THE LOS ALTOS HILLS IMPROVEMENT DISTRICT; AND PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT WILL BE PERFORMED UNDER THE PROVISIONS OF 48-571 THROUGH 48-621 INCLUSIVE. ARIZONA REVISED STATUTES. AND ALL AMENDMENTS THERETO Mayor Cutillo turned the floor over to Mr. Jeppson who stated that the plans and cost estimates would be ready by tomorrow. Mr. Farrell and his associates were working on the legal aspects of the project and expected to make a presentation to the Council on Thursday night. Councilman Fox asked if we had gotten an estimate. Mr. Jeppson stated we had and that it would be finalized by Thursday. The only element that would change was with the MCO Properties if they chose not to participate their costs would be pulled for the roadway and landscape improvements. Councilman Clark stated that when the Town was preparing to enter an into agreement with Dimension CATV, the committee had gone to great lengths Minutes of the Work/Study Session of the Town Council 5/14/91 Page 6 of 8 to investigate and determine who the responsible parties were. He stated that currently they were in the process of determining if the land which remained was of sufficient value to carry the cost of the improvements. He stated that there would be a meeting with the Felker representatives to discuss a number of issues and review documents on Thursday at 1:00 p.m. Mr. Nordin stated that if, the Council acted favorably to the resolution, he anticipated the staff would prepare a public presentation for the June 20th meeting. Mr. Clark questioned an item on the bottom of page 2, the paragraph starting with 'interest is deferred' . He asked if this scenario was usual and customary and that with a construction period of over a year would the Town be able to defer the interest. Mr. Farrell answered yes adding that on some of the Road Bond issues, the interest was carried as much as two years. Councilman Clark asked, on page 4, section 6, what "improvement district subject to assessment. . .therefore not to exceed twenty five annual principle installments" meant. Mr. Farrell stated that this was the hold over from the statutes, if assessment was 25 or more, then you would go to bond, however, you couldn't be obligated for any more than 25 years. Councilman Clark then asked what the last part meant, "remaining unpaid". Mr. Farrell stated each of the bonds had a series as to when they would mature. AGENDA ITEM #9 - RESOLUTION 1991-92. ABANDONING WHATEVER RIGHT TITLE OR INTEREST IT HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT AFFECTING ALONG REAR OF LOT 6 IN BLOCK 9. OF PLAT 111. A SUBDIVISION OF A PART OF SECTIONS 10. 11 AND 15. TOWNSHIP 3 NORTH. RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN. IN FOUNTAIN HILLS. MARICOPA COUNTY. ARIZONA. Mr. Jeppson addressed the Council, explaining that the property owner whose property abutts Ashbrook wash, wanted his easement to be abandoned in order to construct a swimming pool. He stated that although his staff had not had time to notify the adjacent property owners the utilities and been notified. His office had received responses from all but U.S. West sbut since they were not in that easement it would not be essential that the Council wait for their response. Mayor Cutillo said he had no problem with proceeding as long as there was no legal problem. AGENDA ITEM #10 - ORDINANCE 91-08. AMENDING THE OFFICIAL ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS AS AUTHORIZED IN ARTICLE XXXI SECTION 31.1 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS. AMENDING ARTICLE XVIII. SECTION 18.2. PERTAINING TO THE PURPOSE OF THE C-1. NEIGHBORHOOD COMMERCIAL ZONING DISTRICT AND SECTION 18.2. PERTAINING TO PERMITTED USES IN THE C-1. NEIGHBORHOOD COMMERCIAL ZONING DISTRICT. Mr. Jeppson stated that the Planning and Zoning Commission had conducted a public hearing to amend the text for C-1 zone to allow mortuaries in C-1 zone and that they had received no opposition to this proposal . Commissioner Bob Thomas requested that the Council change some of the language in the preamble. Mr. Jeppson stated that had been done and he was passing this along to the Council to allow them to consider whether or not to amend the text to allow this. He stated that this had come largely at the request of Messinger Mortuary, to build a mortuary south of the Community Center. he said another option was to re-zone this proprety to C-2. Mr. Jeppson stated he felt it would be more appropriate Minutes of the Work/Study Session of the Town Council 5/14/91 Page 7 of 8 *44010 to add this type of facility to C-1 . Councilmembers Tibbetts and Clark stated that they felt it was a good solution. AGENDA ITEM #11 - CONSIDER CASE NUMBER Z91-002. PLAT 302. BLOCK 5. LOTS 4 AND 5. REZONE FROM "C-1 TO C-2". Mayor Cutillo stated that this item had already been covered in agenda item #10. AGENDA ITEM #12 - RESOLUTION 1991-31, RELATING TO THE BEELINE HIGHWAY'S (ROUTE 87) PLACEMENT ON THE ARIZONA DEPARTMENT OF TRANSPORTATION'S 5-YEAR CONSTRUCTION PROGRAM. nyor Cutillo stated that this item had already been covered in Town Manager's report. AGENDA ITEM #13 - ADJOURNMENT The Council adjourned at approximately 8:30 p.m. TOWN F FO AIN HILL By: Jo M. Cutillo, Mayor ATTEST: ( 4.dQ.c.L- 15. 016."4.-Lk..,) 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 14th day of May, 1991 . I further certify that the meeting was duly called and that a quorum was present. DATED this q' day of July, 1991. aVI/dAl(- 46 Cassie B. Hansen, Town Clerk Minutes of the Work/Study Session of the Town Council 5/14/91 Page 8 of 8