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HomeMy WebLinkAbout1992.0116.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 16, 1992 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, January 16, 1992, in the Fountain Hills Town Hall , located at 16836 E. Palisades Blvd. , Building C, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Councilman Charles Fox, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Frank Clark, Mike Minarsich, Charlie Fox, Bill O'Brien and Wally Hudson. Also present were Town Manager Paul Nordin, Town Attorneys Bill Farrell and Nick Dotterman and Town Clerk Cassie Hansen. Mayor Cutillo stated that there was a consent agenda and that all items listed with an asterisk were considered to be routine matters and would he enacted by one motion and roll call vote of the Council. There would be no separate discussion of the items unless a Councilmember or member of the public so requested, in which event the item would be removed from the Consent Agenda and considered in its normal sequence on the agenda. The consent agenda items were read by Mayor Cutillo and the Council acted on them. Councilman Hudson made a MOTION to approve as read. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. AGENDA ITEM #2 - ACCEPTANCE OF THE MEETING MINUTES OF DECEMBER 3RD, 5TH, 17TH, 19TH AND 23RD OF 1991 AND JANUARY 8TH OF 1992. This item was a part of the consent agenda. Councilman Hudson made a MOTION to approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. AGENDA ITEM #3 - RESOLUTION 1992-01, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE EAST AND SOUTH LOT LINES OF LOT 8, BLOCK 2, OF PLAT 603C FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. This item was a part of the consent agenda. Councilman Hudson made a MOTION to approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. Minutes of the Regular Session of the Town Council 01/16/92 Page 1 of 4 AGENDA TTEM #4 - TOWN MANAGER'S REPORT. Low Project Update and over view of the street paving "open houses". Mr. Harrel stated that there would be open houses on January 22 and 23 at the Town Council Chambers from 6:30 to 10:00 p.m. He said that it would be very informal and allow the residents to come in, look and ask questions. Mr. Harrel said that the law on the Federal Aid had changed and staff would study it and update the Council . He also said that they were in the process of coming to an agreement with the Flood Control District . Councilman Hudson asked if the paving project was on schedule and Mr. Harrel said that it was approximately two weeks behind. Councilman Clark asked if hillside lots would be able to be determined from the aerial photos and Mr. Harrel said they would be. Mr. Nordin distributed Captain Hendershott 's and Magistrate Shoob's monthly reports. #4.A.2. — Update on the two Parks and Recreation Commission seats due for reappointment. Mr. Nordin said there were four candidates for the two positions. HP stated that the two incumbents were going to apply again and asked for direction from the Council . There was no comment. #4.B.1 . — Discuss and possibly act upon appointments to the Board of Adjustment 411, to fill the two, one year term seats which expire January 31, 1992. Mr. Nordin said staff would take any direction from the Council. Councilman O'Brien made a MOTION that: Mr. Bard be reappointed for a two year term, effective January 31 , 1992. SECONDED by Councilman Clark and CARRIED unanimously. Councilman Hudson made a MOTION that Ms. Simone Blanchard be appointed to a two year term on the Board of Adjustment, effective January 31, 1992. Motion DIED due to the lack of a second . Councilman Minarsich made a MOTION that Mr. Donald Andrews be appointed to a two year term on the Board of Adjustment, effective January 31, 1992. SECONDED by Councilman O'Brien and CARRIED by six aye votes to Councilman Hudson's nay vote. #4 .R.2. — Discuss and possibly act: upon the liquor license application for. Bob's Place. Applicants are requesting a change in the corporate and business name of the establishment. Ms. Hansen said that Chief Knapp had reported that there were some fire code violations at Bob's Place and there was a report on those violations in the Council 's packet . Ms. Hansen stated that the Fire Chief did not recommend disapproval , however, there would be a contingency that they would comply within thirty days or be closed down. Mayor Cutillo asked how the Council 's derision effected the State's decision. Ms . Hansen said that it would not effect it however if it was denied, the State would request the reason for the denial . Councilman Minarsich said that if the fire code violations were not remedied within thirty days, Chief Knapp could shut the facility down. Councilman Hudson made a MOTION to approve the request. SECONDED by Councilman Minarsich and CARRIED unanimously. Minutes of the Regular Session of the Town Council 01/16/92 Page 2 of 4 AGENDA ITEM #5 — PRESENTATION BY PAUL NORDIN ON PART ONE OF THE FIVE YEAR PLAN„ iNCL1.1I)ING THE FIRE DISTRICT, THE SANITARY DISTRICT AND CHAPARRAL WATER COMPANY. Mr. Nordin said the Sanitary District was established by the Maricopa County Board of Supervisors on July 21, 1969. He said that state law required an election for the issuance of bonds and there had been two elections. Mr. Nordin said the bond authorization total was $20.9 million, $15.1 million of that authority having been used to date, leaving $5.8 million. Mr. Nordin said that the Arizona Statutes provided two methods of dissolution of the District . He explained that the method varied, depending on whether or not there was bonded indebtedness . Mr. Nordin said the boundary issues needed to be resolved before • the Town could take over the district with all the boundaries included within the corporate town limits. Mr. Nordin stated that the Eagle Ridge and Crest View parcels were not within the Town limits but were in the sanitary district effecting the community's taking over the sanitary district . Mr. Nordin said any one of three things would have to happen before the Town could take over the sanitary district . He stated that either Scottsdale would have to de—annex the 405 acres and let the Town take them over, both areas would be de—annexed by the sanitary district , or some change would have to take place in state legislation. He added that any of the three choices would he difficult. Mr. Nordin said the sanitary district 's revenue was approximately $1 .3 million and the sewer user fees made up approximately $678,000, at $10 per month as a resident. He stated there was a property tax that was levied for operation and maintenance expenses. Mr. Nordin explained the availability fees, charged on vacant property, would total approximately $180,000, and would be equal to one half of the user fee. He said that the balance of the budget was miscellaneous revenue in the amount of $111 ,000. Mr. Nordin said the sanitary district 's revenue sources and the 14)remaining bond authority of $5.8 million would he passed on the Town Council and they could act as trustees for the district until the bonds were fully paid. He said the sanitary district had three major problems; effluent disposal , sludge disposal and some flattened sewer lines . Mr. Nordin said an advantage to the Town taking over the sanitary district was that there could he more effective and efficient service provided if the two entities would consolidate. He also said that if this would happen, one entity would control. the growth agenda of the community. Mr. Nordin said after the boundary issues were resolved, the Sanitary Hoard and the Town C-onnei I would have to approve the change and the issues would have to he put to the voters . He said the de—annexation would be allowed if Scottsdale 's City Council and Fountain Hills ' Town Council both voted to make the change. Mr. Nordin added that there was a State Statute that would allow the Sanitary District to shrink its boundaries . Mr. Nordin read his concluding statements and said staff recommended the Town Council state its intent to properly investigate the possibility of the Town assuming the functions of the district . He said the Town Council should, by motion, direct the Mayor or other member of the Council and the Town Manager to begin formal discussion with the Sanitary Board to determine their views on the subject . Also, to enlist the Board 's help, if they were agreeable, to research the boundary issues that needed to be resolved before any further progress toward dissolution could he made. Mr. Nordin finished by stating that the Council should direct that., appropriate progress reports he made. Councilman Clark said he agreed that the Town should pursue the reclaiming of the two parcels and that discussions should be initiated. He added that the talks should stress that if a change occurred, it Minutes of the Regular Session of the Town Council 01/16/92 Page 3 of 4 would be a friendly one that would benefit the Town taxpayers . Vice Mace Tibbetts asked about the status of the e)cisttng bonds if the boundaries changed. Mr. Anis Mitchell , the attorney for the sanitary district spoke, stating that ll would not recommend shrinking the size of the district . He stated that when rh , bonds were sold, they represented to them that the bonds were secured by twelve thousand acres . Mr. Mitchell said it would be simpler if the City of Scottsdale would de—annex the 405 acres, enabling the Fountain Hills ' Council to annex it . He added that the other parcel that was in the County would entail an easy process . Mr. Mitchell stated that the bonds would be paid off in the year 2001 . Mr. Nordin said that the Scottsdale parcel would be much easier to service from the Fountain Hills side. Mayor Castillo told staff to schedule a meeting with the Sanitary Board for discussion on the dissolution of the district to be taken over by the Council . Mr-. Jim Sercu, a resident: on Kingsway Court, strongly suggested that the owners of the parcels he included in the talks. AGENDA ITEM #6 — CALL TO THE, PUBLIC. Mayor Cutillo made the call to the public. Ms. Winifred Campbell asked about the advance warning street signs and Mayor Cutillo explained that the Council could not address anything not on the agenda and invited her to stay after the meeting. AGENDA ITEM #17 — ADJOURNMENT. Councilman Minarsich made a MOTION to adjourn. SECONDED by Councilman Clark and CARRIED unanimously. The Town Council adjourned at approximately 7:30 p.m. TOIL. OF '0UNTAl-'y� l By• /(-Tf C Jo M. Cutillo, Mayor b . Alym.4.„_) ATTEST: � .C_. Cassie B. Hansen, .Town Clerk c i PREPARED BY ter" ^ �. ��L;C- c,r l;ari 1:. Hr ,tther, Secretary CERT1 F'[CATION 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 ;t,th day of January 1992. 1 further certify that the meeting was duly called and that a quorum was present . DATED this (1+ day of February 1992. Cassie B. Hansen, Town Clerk Le Minutes of the Regular Session of the Town Council 01/16/92 Page 4 of 4