HomeMy WebLinkAbout1992.1119.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE
FOUNTAIN HILLS TOWN COUNCIL
NOVEMBER 19, 1992
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30
p.m.,Thursday,November 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 Councilwoman Tibbetts,roll call was taken.
Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice
Mayor Charlie Fox, and Councilmembers Mike Minarsich, Frank Clark, Bill O'Brien, Peg Tibbetts. Councilman
Wally Hudson was absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Community
Development Director Gary Jeppson, and Town Clerk Cassie Hansen.
Mayor Cutillo said that all items listed with an asterisk(*)were considered to be routine,non-controversial matters
and would be enacted by one motion and one roll call vote of the Council. There would be no separate discussion
of those items unless a Councilmember or member of the public so requested. If a Councilmember or member of
the public wished to discuss an item on the consent agenda, they could request so prior to the motion to accept the
consent agenda. The item would be removed from the Consent Agenda and considered in its normal sequence on
the agenda. Typical items on the consent agenda are minutes, special event requests and easement abandonments.
All materials and prior approvals received from the Town Marshal and Fire Chief(for special events)and all utilities
and the Town Engineer(for abandonments)have been provided to and reviewed by the Council prior to the consent
agenda vote.
CONSENT AGENDA ITEM #2 - CONSIDERATION OF THE CHAMBER OF COMMERCE SPECIAL
EVENT REQUEST FOR THE THANKSGIVING DAY PARADE TO BE HELD THURSDAY,NOVEMBER
26, 1992 AT 9:00 A.M. THE PARADE ROUTE WILL BEGIN ON SAGUARO BLVD. AT EL LAGO,
TRAVEL NORTH ON SAGUARO TO PALISADES AND WEST ON PALISADES TO LA MONTANA.
Mayor Cutillo MOVED to accept the request as presented. SECONDED by Councilwoman Tibbetts and
CARRIED unanimously.
AGENDA ITEM#3 -TOWN MANAGER'S REPORT
3.A.PROJECT UPDATE (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE
ACTION)
3.A.3. - BEELINE HIGHWAY UPDATE Mr. Nordin reported that he had met with Dalis Saxton regarding the
Beeline Highway. He said that ADOT had indicated in their previous presentations a date of approximately June
of this year in which decisions would have to be made relative to concerns and negotiations relative to items the
Pima Indian Tribe would have to review and come to an agreement on. The original plan called for the negotiations
to end with positive action on the part of the Tribal Council in November,this month. They had not been able to
conclude those negotiations on that timetable. He said the negotiations were proceeding but had taken longer.
Higher levels in the organizations had to get involved and that took more time to coordinate. They were now
estimating they should be able to conclude the negotiations and have the Tribal Council act on the items in question
sometime before the end of January or perhaps into February. Even though they were behind two months,he said
Minutes of the Regular Session of the Town Council 11/19/92
Page 1 of 5
Dalis Saxton felt that the negotiations were proceeding in an expeditious way. Plans would have to first go to a land
committee which was compared to our planning and zoning commission,then on to the Tribal Council. Mr.Nordin
said the outstanding issues being negotiated included landscaping. The Indians wanted to put a land barrier up
between the landfill and the road and landscape the medians. Stoplights at Home and Gilbert Roads were also
issues. They also wanted to make sure that the angles of streets entering onto the Beeline were reviewed and
possibly realigned.
Mr.Nordin said that he had been concerned with the engineering contract for the actual design work. ADOT had
used Hendrick and Everhardt to perform the engineering work thus far,including the archeology study. They were
now considering changing engineers for the design work that was yet to come. Mr.Nordin said he was concerned
that if ADOT made a change now there would be a significant 6 to 8 month delay. Mr.Saxton had told the Manager
that they(ADOT)had not made a final decision but were considering changing firms and going out for another RFP.
Mr. Nordin said he reminded Mr. Saxton that ADOT had forewarned that there may be delays due to negotiations
with the Indians but had never addressed the fact that there may be delays due to negotiating a new engineering
contract. He further told Mr. Saxton that the Council and citizens would not look kindly on this type of delay. Mr.
Nordin concluded with the positive news that since his meeting with Mr. Saxton,ADOT had decided to retain the
engineering firm of Hendrick and Everhardt.
3.A.1.CHANGE ORDER#8 TO CONSTRUCTION 70 IN THE AMOUNT OF$11,631.20,REMOVING AND
RECONSTRUCTING THE ASPHALT PAVEMENT AND BASE ON THE WEST SIDE OF EL SOBRANTE
AVE.,FROM CALAVERAS AVE.,TO SAN MARCUS DR.
Randy Harrel reported that the change order was not really a part of the street paving project, but rather a
reconstruction. He said it was in front of Four Peaks School in the bus travel area. Due to the amount of bus travel
and possible sub-grade,the street was quite deteriorated,requiring continual patching by the Street Department. He
felt that reconstruction was the best way to go at this time. Mr. Harrel said the plan was to have Construction 70
do the work but that the Street Department,depending on scheduling,could do a portion of the work also. To Vice
Mayor Fox's question regarding the time schedule,Mr. Harrel responded that a time schedule had not been set but
that Construction 70 had said they wanted all asphalt laid down by December 15. Mayor Cutillo MOVED to accept
change order#8 in the amount of$11,631.20 as requested. SECONDED by Councilman Clark and CARRIED
unanimously.
3.A.2. REPORT BY COUNCILMAN MINARSICH ON THE MAYOR'S COUNCIL FOR BUSINESS
GROWTH
Councilman Minarsich reported that the Mayor's Council for Business Growth had a retreat the previous Wednesday,
November 11 at the Mayo Clinic. He said that the consulting firm of FMC Marketing was continuing the direct mail
program which had been so successful. Jeff Fairman, the Executive Director of the Greater Casa Grande Valley
Economic Development Foundation,reported on the successes realized by Casa Grande in the economic development
area due in large part to the outlet malls. Casa Grande has a 1.5% sales tax and realizing $450,000 per year from
revenues just from the malls alone. He reported that their number one source of leads was the Arizona Department
of Commerce and number two was APS. Mr. Fairman reported that the number one priority in reasons why
companies relocated to Casa Grande was access to civic leaders and their new status in the community. Labor force,
environment,and transportation were additional factors. The Mayor's Council had come up with a list of projects
that members would be working on including cost of pre-packaged buildings for the industrial park,incorporating
the Council for Business Growth, more contact with the Arizona Department of Commerce, one stop permitting,
commercial/industrial sites(ie.the General Plan),a formal presentation including a new video for prospects coming
into town,target specific businesses/Fountain Hills needs,potential prospect trips and continuation of the direct mail
campaign.
Minutes of the Regular Session of the Town Council 11/19/92
Page 2 of 5
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1992-35, URGING ADOT TO KEEP ITS
SCHEDULING COMMITMENTS RELATIVE TO THE BEELINE HIGHWAY DESIGN AND
'CONSTRUCTION.
Since ADOT was maintaining the same engineering firm as reported in the Manager's report and the immediate
schedule was not in jeopardy, this item was no longer needed.
AGENDA ITEM #5 - PUBLIC HEARING ON REZONING 14.02 ACRES FROM R-3 TO R1-6 OF THE
AREA SOUTHWEST OF THE INTERSECTION OF BAINBRIDGE AVE.AND HAMPSTEAD DR.,MORE
COMMONLY KNOWN AS THE GLENVIEW SUBDIVISION.
At approximately 6:55 p.m.,Mayor Cutillo called a recess to the regular Town Council meeting and called the public
hearing into session.
Mr. Jeppson explained that the issue at hand was to rezone 14.02 acres southwest of Bainbridge and Hampstead.
He said it was currently zoned R-3 which meant that multi-family units could be built on a density of 1 unit for
every 3,000 square feet. The proposal was to re-zone the area to R1-6, a single-family residential zoning district
which allows 1 single family house for every 6,000 square feet. The Planning and Zoning Commission had reviewed
the proposal and recommended adoption of Ordinance 92-13 which would re-zone the property from R-3 to R1-6.
The Commission had reviewed and approved a preliminary plat for this area which was not currently developed.
Mayor Cutillo asked for anyone wishing to speak in favor or against the re-zoning to please come forward. No one
spoke in favor or against the re-zoning.
At approximately 6:57 p.m.,Mayor Cutillo called the public hearing closed and reconvened the regular Town Council
meeting.
AGENDA ITEM#6-CONSIDERATION OF ORDINANCE 92-13,AMENDING THE OFFICIAL ZONING
MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO ARTICLE XXXI OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,IN THE AREA COMMONLY KNOWN
AS "GLENVIEW SUBDIVISION",(CASE#Z92-03) BY REPLACING THE ZONING DESIGNATION OF
"R-3" TO "R1-6".
Councilwoman Tibbetts MOVED adoption of the ordinance as stated. SECONDED by Councilman Minarsich and
CARRIED unanimously.
AGENDA ITEM#7 - CALL TO THE PUBLIC.
Mayor Cutillo invited anyone who wished to address the Council to do so at this time. He reiterated that the Council
could not,by law,respond. Mr.William Tessmer, 17144 E.Rand,said that he had come to the Council to express
thanks for the things that they had done and disappointment for some things that hadn't been done. He said the
citizens had elected people on the basis of trust and responsibility. He said that he had served his country,put his
life in harm's way and that he was appalled at some of the things that had happened here. Mr. Tessmer said he
expected trust to be a relevant issue and that every one of the Councilmembers should take that trust seriously. He
said they were in a position where they are looked at very highly and exposed to the public scrutiny. He said he
was concerned about many things,the first being that the Council should look at their conflict of rules,their hiring
practices,and that the Council should adopt a code of conduct. He said he was there to protect peoples rights and
the interest of the community. Mr.Tessmer said they had given the Council a privilege- the courtroom,was their
Minutes of the Regular Session of the Town Council 11/19/92
Page 3 of 5
privilege to the Council, they gave the Mayor an office....that's really not his office...that's the people's office and
they should have access to it. He said he believed that the courtroom should be changed because the Council should
be sitting lower than the people they are serving to remind them that they are serving the people, not their own
needs. He said he was particularly disturbed about some of the things he had heard and that he was going to start
a petition for a drive involving one of the Councilman. He said he had looked in his heart,that he had prayed for
this gentleman yesterday,that he had talked to him and that he would like to have him resign from the Council....and
of course that was Charlie Fox. He said he believed that the appearance of things that were done were shameless
and that everyone in the courtroom should be ashamed.
Mike Abatemarco said that commercial zoning in the town that was previously zoned 100% that went to 60%after
the town was incorporated, such as Kingstree and Saguaro and areas on Tower Dr., have been overlooked. The
people that own that property went in with the understanding that it was 100% and it was represented that way.
When the town adopted the County regulations they left out the 1972 variances and all other variances that pertained
to commercial areas and that it should be addressed immediately. Regarding Vice Mayor Fox, he said that it was
a breech of public trust and ethical conduct along with arrogance and lack of remorse on what his actions were
regarding political signs. He said this wasn't something that was a one time thing,that he could state from personal
meetings with Mr.Fox on two occasions,at a zoning hearing in this room Mr.Fox had called him a vulgar obscenity
and at a recent referendum drive, he intimidated a 62 year old circulator of petitions, a disabled lady and he
intimidated and bullied her. He said what was insulting was that according to the newspaper article,Mr.Fox didn't
feel he had done anything wrong,breached any ethical standard or impropriety. He said the consensus of opinion
of people he had talked to was that Mr.Fox should resign and save the town and citizens alot of trouble or the Town
Council should take some action or else there's no alternative but to do a recall.
Erna Charles stated that she respected the gentlemen's opinions,that they were entitled to it but that she disagreed
with them. She said she thought that this subject had been properly handled by the Council, turned over to
somebody for investigation and until that was completed,that nothing should be done by the Council. She said time
should pass so the truth and the whole story comes out by the proper investigation.
Lois Wilhelm said she agreed with Erna, that she felt bad about what had happened and that she hoped the
investigation would solve the problem one way or another. She also expressed concern over the way the work had
been done by the cable company with regards to the paving...the fact that the cable company did not bury the cable
deep enough on the unpaved roads to prevent being dug up when the grading was done for the paving to the point
where it had been disastrous. She said their street was now paved and had been dug up three times since then for
cable work. Mrs.Wilhelm said the cable stuck up above the pavement in a loop form for 10 days with no barricades
but that you always get a run around when calling the cable company because they don't seem to know what's going
on. There was a serious flaw between the engineering department in the town or whoever was responsible for
overseeing that work to make sure that the cable was buried right.
AGENDA ITEM#8 - PURSUANT TO A.R.S. 38-431.03.A.3, VOTE TO GO INTO EXECUTIVE SESSION
FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR
ATTORNEYS OF THE PUBLIC BODY.
Councilwoman Tibbetts MOVED to go into executive session. SECONDED by Councilman Minarsich and
CARRIED unanimously.
Mayor Cutillo recessed the regular session at 7:10 p.m. to go into executive session.
AGENDA ITEM#9 - RETURN TO REGULAR SESSION.
The Council reconvened the regular session at approximately 8:05 p.m.
Minutes of the Regular Session of the Town Council 11/19/92
Page 4 of 5
AGENDA ITEM#10 - ADJOURNMENT.
Mayor Cutillo MOVED to adjourn. SECONDED by Councilman O'Brien and CARRIED unanimously. The
Council adjourned at 8:05 p.m.
TO FO HII.LS
i �By: 1
Jo Cutillo, Mayor
ATTEST: CU Q3&- • ��
Cassie B. Hansen, Town Clerk
PREPARED BY: 1-1\- 4C ) 'k'\
Marcia M. Jewett, Admin. As ist.
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 November 1992. I further certify that the meeting was
duly called and that a quorum was present.
DATED this cD1 SA day of January, 1993.
C . ltli&w.,.)
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 11/19/92
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