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HomeMy WebLinkAbout1992.0319.TCRM.Minutes TOWN OF FOUNTAIN HILLS 141) MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 19, 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, March 19, 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 Vice Mayor Tibbetts, 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 Attorney Bill Farrell 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 be 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 Clark made a MOTION to approve as read. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. A roll call vote was taken and the results were as follows: 1100 Mayor Cutillo aye Vice Mayor Tibbetts aye Councilman O'Brien aye Councilman Hudson aye Councilman Clark aye Councilman Minarsich aye Councilman Fox aye The roll call vote results were seven aye to zero nay votes. AGENDA ITEM #2 - ACCEPTANCE OF THE MEETING MINUTES OF MARCH 5TH OF 1992. This item was a part of the consent agenda. Councilman Clark made a MOTION to approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE CHAMBER OF COMMERCE FOR THE BUSINESS SHOWCASE, AN EVENT HIGHLIGHTING LOCAL BUSINESSES, TO BE HELD ON THE AVENUE OF THE FOUNTAINS ON SUNDAY, MARCH 29, 1992, FROM NOON TO 5:00 P.M. This item was a part of the consent agenda. Councilman Clark made a MOTION to approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1992-04, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE Minutes of the Regular Session of the Town Council 03/19/92 Page 1 of 6 EASEMENT LOCATED ALONG THE EAST LOT LINE OF LOT 1, BLOCK 4, OF PLAT 401B FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE NORTH FIFTEEN FEET OF SAID EASEMENT. This item was a part of the consent agenda. Councilman Clark made a MOTION to approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1992-06, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT LOCATED ALONG THE NORTH LOT LINE OF LOT 11, BLOCK 1, OF PLAT 506B FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159 OF MAPS, PAGE 3, RECORDS OF MARICOPA COUNTY, ARIZONA. This item was a part of the consent agenda. Councilman Clark made a MOTION to approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. AGENDA ITEM #6 - CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FLOOD CONTROL DISTRICT FOR AERIAL MAPPING OF FOUNTAIN HILLS PRIOR TO STARTING THE FLOODPLAIN DELINEATION STUDY. This item was a part of the consent agenda. Councilman Clark made a MOTION to approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. AGENDA ITEM #7 - MONTHLY REPORT BY CAPTAIN HENDERSHOTT OF THE MARICOPA COUNTY SHERIFF'S DEPARTMENT. Mr. Nordin stated that Captain Hendershott had been detained and would possibly not be able to attend the meeting. ,. AGENDA ITEM #8 - TOWN MANAGER'S REPORT. #8.A.1. - Project update (with possible direction from the Council for appropriate action) on street paving status report. Mr. Nordin stated that the Town Engineer's memo explained the status and that the bid date was tentatively set for April 17 with Council action scheduled for April 23. #8.A.2. - Report by Councilman Minarsich on the Mayor's Economic Development Council. Councilman Minarsich said that at the January 29 meeting, they had Mr. Jim Flynn and Mr. Nelson Van Zane of F.M.C. give them a proposal on a program to use. He said they recommended two two-hour sessions to develop a strong response program after the leads had been qualified. Councilman Minarsich said they recommended monthly mailings to specifically targeted businesses. They recommended making twelve presentations during the calendar year and attempting to close two of those during 1993. Councilman Minarsich said they recommended making twenty-four new presentations during 1993, closing four of those before the end of 1994. He stated that the estimated cost for the projected time period would be $29,500. Councilman Minarsich added that the overall plan was approved by the Economic Development Council. He said on February 5, they moved to hire F.M.C. to complete their marketing program and the motion passed. Councilman Minarsich stated that on February 10, they had a meeting to address identification of problems with economical development in Fountain Hills. He said the group concluded that Fountain Hills was unique and really did not have to compete with other communities. Councilman Minarsich read the Economic Development Council's conclusions. At a March 4 meeting they had addressed the Avenue of the Fountains median area. Councilman Minarsich stated that the Out of Africa staff had suggested a walking path with an Out of Africa theme from Fountain Park, across Saguaro and west on Minutes of the Regular Session of the Town Council 03/19/92 Page 2 of 6 the Avenue. Councilman Minarsich said the group was no longer called the Economic Development Council. He read their mission statement, "to foster positive economic growth for the Town of Fountain Hills through the attraction and retention of businesses that are compatible with the quality of life in this unique community" . Councilman Minarsich stated that the new name for the group was the Mayor's Council for Business Growth. #8.A.3. - Update by Councilman Clark on the Beeline Highway. Councilman Clark stated that funds had been found and committed for the fiscal year July 1994 through June 1995. He said the second workshop had been held on March 10. Councilman Clark stated that there was an area of concern during the meeting. Mr. Saxton, the design person for A.D.O.T., had tried to get the committee to soften the verbiage stating "to begin construction by July 1, 1994". Councilman Clark stated they tentatively agreed to the wording "as soon as" to replace the word "by". Mr. Larry Miller, the moderator at the workshop, later informed him that A.D.O.T. Director, Charles Cowan, reconfirmed that he was on record to assure that the construction date announced earlier was met and requested his desire be passed on to the Transportation Board. Councilman Clark said the Pima/Salt River Community had requested that there be no through traffic crossing Beeline, other than to provide access to the area known as the Lehi Community. What was decided was to construct a six lane highway of urban design with a raised median, from McDowell north to the Horne intersection. Councilman Clark said that from that point north to Shea Boulevard, Beeline would change to a rural design with a recessed median. Councilman Clark stated that the portion from McDowell to Horne would have a sidewalk, however, it would be constructed on Reservation Property, behind the two hundred foot right-of-way. He added that A.D.O.T. would furnish the materials and the Indian Community would provide the labor. AGENDA ITEM #9 - CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY TO BE PART OF THE HIGHWAY SAFETY PROGRAM AND RECEIVE GRANT MONIES FOR A COMMUNITY TRAFFIC SAFETY COORDINATOR. WM) Mayor Cutillo stated that the Council would move on to this item because it required a vote and Councilman Fox had to leave for another meeting. Mr. Nordin stated he had contacted Lt. Grant with the Governor's Office of Highway Safety who had answered the questions from the previous meeting. He said it was possible to apply each year for the grant cycle. Mr. Nordin said the terms and conditions of the grant could be altered and the Town would have the opportunity to accept or reject the grant at the time it was awarded. He stated that there would be a four to six week time period before a decision was made on the applications. Mr. Nordin said after that time period, there would be another four week period for us to decide if we would accept the grant. He stated that the Council needed to make a motion to authorize the submittal of the Community Safety Coordinator Grant Program to the Governor's Office of Highway Safety. Councilman Fox made a MOTION to go forward with the submittal of the Grant with the provision that the Council receive a detailed presentation by staff on the merits of the program. SECONDED by Councilman Clark. Councilman Minarsich wanted the detailed presentation to include all the pros and cons, space considerations, future funding involved, etc. Councilman Clark asked what the job content would be once the initial surge of work was done. Mr. Nordin suggested that details of the job description be held until after the grant was awarded. Ms. Petrov asked if the report would be made public and Mr. Nordin stated that it would. Mr. Songer asked what the amount of the grant was and Mayor Cutillo reiterated the percentages. Councilman Fox stated that the total three year grant was $134,754. Motion CARRIED unanimously. AGENDA ITEM #10 - CONSIDERATION OF REQUESTING THE CIVIC ASSOCIATION TO SPONSOR A 1992 TOWN HALL MEETING TO DETERMINE COMMUNITY PRIORITIES. Minutes of the Regular Session of the Town Council 03/19/92 Page 3 of 6 Vice Mayor Tibbetts made a MOTION to request the Fountain Hills Civic Association organize a Town Hall meeting on May 16, 1992. The purpose would be: 1. to provide citizen input and direction to the Council on the Five Year Plan elements that have been presented to date and 2. to supplement and strengthen the data that had been collected by Vernon Swabach and Associates for the General Plan. SECONDED by Councilman Minarsich. Councilman O'Brien AMENDED the motion on the second line, instead of the words "be to", substitute "which would include". His request was so the motion would not be restrictive. The amendment was SECONDED by Councilman Clark and CARRIED unanimously. Vice Mayor Tibbetts explained the Town Hall process to the public. Councilman Minarsich explained that many issues important to Vernon Swaback were not addressed in the General Plan and they felt a Town Hall would pick up on those areas that were not included. Councilman Hudson stated he was opposed to the date of the Town Hall because tonight was the final presentation of eight areas. Councilman Hudson continued, saying that the Council had investigated another area, the Sanitary District. He said there had been no formal discussion by the Council on the other areas other than clarifying questions made during the presentations. Councilman Hudson stated that the Town was spending approximately $80,000 on the General Plan, prepared by experts, and he felt they should be allowed to prepare our plan in their own way. Mayor Cutillo stated that he felt Vernon Swaback wanted the input from a Town Hall for the General Plan. Mr. Songer asked about the five year plan and when the Council would act on it. He asked about the Town Hall and how someone could become involved. Vice Mayor Tibbetts stated that the last Town Hall was advertised and there was much opportunity for the citizens to register. Councilman Fox made a MOTION to move the question. SECONDED by Councilman Minarsich and CARRIED unanimously. Mayor Cutillo asked the question and motion CARRIED with a vote of six aye votes to one nay vote, Councilman Hudson casting the nay vote. Councilman Clark suggested that the Town Hall time frame be lengthened to a day and a half or two days. Mayor Cutillo recommended that Vice Mayor Tibbetts be the liaison between the Council and the Civic Association regarding the Town Hall. LoyMayor Cutillo returned the Council's attention to the completion of the Town Manager's report. #8.A.4. - Town Manager's Report: Report on the attorney's meeting with town staff regarding disseminating public/nonpublic information. Mr. Nordin informed the Council that Mr. Farrell had met with Town staff that afternoon. Mr. Farrel said the Arizona State Statutes lent little guidance in this area but that said the general intent of the law in Arizona was that public business was the public's business. He said there were exceptions to that, defined by the courts as privacy, confidentiality and a compelling state interest. Mr. Farrell sited some examples and said if a request for public information was for commercial use, it had to be indicated. He added that the governmental entity had to decide if it was all-right to release it. He stated that only the copy cost would be charged, however, if it was for commercial purposes, an assembly fee could be charged. Mr. Farrell added that if a report was requested, not in a format normally reproduced, staff was not obligated to furnish it. AGENDA ITEM #11 - PRESENTATION BY CASSIE HANSEN ON THE CIVIC PLAZA AND FIFTEEN ACRE DEVELOPMENT PORTION OF THE FIVE YEAR PLAN. Ms. Hansen thanked the Civic Association's Property Committee and its members, stating that what they had done was just one example of the community's ongoing interest in and their commitment to the community center. She thanked Mike Scharnow from the Times who provided her with most of the history for her report and Evelyn Bretting whose expertise and input provided the elements for the model community center used for speculative purposes in the report. Ms. Hansen stated that her presentation was unique from the other sections in the Five Year Plan as it did not deal with future goals or directions of departments, critical needs r Minutes of the Regular Session of the Town Council 03/19/92 Page 4 of 6 or services. She said the development of a community center fell into the wish category, something that a community could survive without but would benefit from having. Ms. Hansen stated that in planning for the future, it was often wise to examine the past. She said the Community Center's history was very rich. Ms. Hansen gave an indepth history of the Center and the Civic Association. She added that it had long been the plan that the community be changed from a developer run town to a citizen controlled community. McCullough Corporation stopped its land development operations in the late seventies and citizen concern with that prompted the formation of the Community Development Council. Their primary purpose was to study various forms of government that would be available to Fountain Hills. Ms. Hansen said that Pratt Properties, McCullough's successor, established a trust so those local amenities such as the community center and the fifteen acres could be deeded to the Town in the future. She said the Community Development Council responded to that by becoming the Fountain Hills Community Association, Inc. that accomodated the laws that would enable it to accept the properties. In 1978 the property was deeded to the association. In 1980 the fifteen acre site was deeded to the association. Ms. Hansen stated that in 1981 the Fountain Hills Civic Association was formed and it continued to manage and nurture the community center. She reviewed the deed conditions and stipulations on the property. Ms. Hansen displayed the past and present priorities that had been assembled from previous Town Hall meetings. She stated that the deeds had been turned over to the Incorporated Town in 1990. Ms. Hansen said that in determining the needs for a new community center, the current facility had to be examined. She reviewed the management agreement uses, the chargeable uses and the non-revenue producing activities. Ms. Hansen stated that with the increased Parks and Recreation programs, the community center was used as much by the Town as by the other community organizations. She stated that the hours of usage had increased almost twenty percent and would continue to increase. Ms. Hansen showed slides of the fifteen acre parcel and displayed a map with some proposed roadways. She compared the existing Town Hall facilities and employees to the future needs. Ms. Hansen stated that eight other cities and towns were polled, ranging in population from 10,000 to 50,000, which indicated what the needs would be with a build-out of approximately 40,000. She reviewed Nial) a meeting of the Property Committee, at which they described the facility as a gathering place concept, a place for residents to meet and enjoy a variety of activities, other people and pleasant surroundings in a civic complex. This was to include municipal offices, services and a community library. Ms. Hansen presented a compilation of all the ideas and priorities from the last fifteen years. She stated that total seating in the auditorium was eight hundred, including two meeting rooms that could be closed off allowing other meetings to take place simultaneously. Ms. Hansen said the banquet hall could be divided as well. She said the total complex totalled 40,000 square feet. Ms. Hansen stated that the library facility was fashioned after the County's plan, adding that the only expense to the community would be the provision of the land, 1.5 to 2.5 acres with 85 to 115 parking spaces. She showed five different site plan proposals, indicating how the complex could fit on the property and described them. Ms. Hansen stated that the job was costed out by dividing it up into three major elements. Funding mechanisms and associated costs were covered. She summarized by saying that although the information indicated the priority of a civic facility, it did not indicate when it would be built. Determining the community's willingness to support the project was a clear priority. AGENDA ITEM #12 - CALL TO THE PUBLIC. Mayor Cutillo made the call to the public. There was no discussion. AGENDA ITEM #13 - PURSUANT TO A.R.S. 38-431.03.A.7. AND 38-431.03.A.3, VOTE TO GO INTO EXECUTIVE SESSION TO CONSULT WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OR LEASE OF REAL PROPERTY; AND FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, RESPECTIVELY. Minutes of the Regular Session of the Town Council 03/19/92 Page 5 of 6 4itr Vice Mayor Tibbetts made a MOTION to go into executive session after a short recess. SECONDED by Councilman Fox and CARRIED unanimously. The Town Council went into executive session at approximately 8:35 p.m. AGENDA ITEM #14 - RETURN TO REGULAR SESSION AND ADJOURNMENT. The Town Council returned to regular session at 9:44 p.m. Councilman O'Brien made a MOTION to adjourn. SECONDED by Councilman Clark and CARRIED unanimously. The Town Council adjourned at approximately 9:44 p.m. TO F F NTAIN HILL ' By: ��� ' 1- J n utillo, Mayor ATTEST: &JILL— `�-�• Cassie B. Ha ,�e//n, Town Clerk PREPARED BY: �i /�/� Ci�C�/C Lari L. Bratcher, Secretary 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 19th day of March 1992. I further certify that the meeting was duly called and that a quorum was present. DATED this I6 day of April 1992. eAuijj_jt. jJ /Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 03/19/92 Page 6 of 6 J J J