HomeMy WebLinkAbout1990.0426.TCSM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
THURSDAY, APRIL 26, 1990
A public work/study session of the Fountain Hills Town Council was convened and
called to order by ^a-vor John Cutillo at approyimately 6:31 p.m., Thursday, April
26, 1990 in the Fountain Hills School administration Building located at 14605
N. Del Cambre Ave., Fountain Hills, Arizona.
Present for the work study- session were Mavor John Cutillo, Vice Mayor Mike
Minarsich and Counci.lmembers Marti Lemieux, Dick Haugen, Joe Bill and Charlie
Fox. Absent was Councilman Barber. Also present were Town attorney Bill
Farrell., Town Manager Mike McNulty and Town Clerk Cassie Hansen.
AGENDA ITEM #2 - SUBCOMMITTEE REPORTS
CABLE
Committee chair Dennis Contino said the committee has finished the rough draft
of the cable ordinance and is waiting to meet with the attorney to work out a few
parn.-raphs. He said they would Like the counci.l's comments and suggestions
before the committee met with the attorney. He said he didn't feel that there
would be too many changes but they wanted to clear everything with the attorney.
He also said they would have to start the RFP right away because Jule 1st was the
time schedule they were lookin;-, at and there was always the risk that Dimension
would ,jerk their license the first. He further said that they wanted to come to
the council regarding retaining the consultant, an extension on a flat fee basis
to get everything done. Bill Farrell said he felt that the council needed to
take 5ome time with the ordinance so then would be comfortable with the RFP
process. He said it was time for the committee to hear from the council. He
further said that it takes about 30 days for bidders to respond and then 30 days
for the council to review. Mr. Farrell stated that there was no reason to
believe that the present provider was preparing to pull out at their contracts
end and that the council should take their time and do it right. Mayor Cutillo
suggested that the council and committee have a meeting next week and Mr. Contino
requested that the attorney be pre_,.ent.
CITIZEN PLANNING - PARKS & REC
Chair person Mike Scharnow referred to his letter to the council (attached) which
outlined some of the programs then would like to implement. He said they were
Also putting together a budget: that they would Iike to submit to the finance
committee to have included in next year's budget.
FINANCE & BANKING
Chairman Fccs- reported that thev were in
the last stages of
coming up with a rough
draft budget for the 1990-91 fiscal year
and that he expects to
be able to review
it with the council sometime in MI:jv.
He said they were
.just
finishing up the
highway- department. He said they- also wanted to break
the
budget out into
accounts. Mayor Cutillo reported that
he had attended a
MAG
meeting and that
Town Council Yinutes 4i26i90
pale 1 of 8
Jack DeBolske indicated that the Ht1RF funds and revenue sharing wouli probably
stay intact but not to let up on the pressure on the legislators. He :also said
that MAG was against the county incarceration fee of $38.90 per prisoner and that
they were looking into establishing their own central jail system for all cities
and towns. He said the county is trying to get all cities and towns to sign a
contract for this service and that this would mean an amount would have to be
included in the budget for this charge:.
INTERGOVERNMENTAL
Chair Bill said he had no report.
FFICE & PROPERTY
Chair Minarsich said they were in the process of finalizing the lease agreement
with NCO for the town offices. Mr. Farrell said he would have his review and
changes done by tomorrow afternoon. The Vice Mayor reported that MCO would then
begin the permit process, remodeling would start and be finished by June 1. Mr.
McNulty stated that bids for repairs to the old library building would be opened
at 3:00 p.m. tomorrow and presented to the council at their next meeting for
award. Councilman Fox asked to call a special meeting early next week to award
the contract so the repairs could begin and it was suggested that it be put on
the agenda for the 7:00 a.m. breakfast meeting. Vice Mayor Minarsich also
reported the Civic Association was working on a proposal for a lease agreement
with the town to handle the Community Center. Mr. McNulty reported that the
deeds to the property had been recorded and the town now owned the property. He
said he had met with 2 members of the Civic; Association regarding their
recommendations for this agreement and that this would soon be presented to the
council.
PERSONNEL
Chair Bill reported that this committee has nearly completed their initial charge
of identifying the initial positions and associated salary ranges, coordinated
the recruitment of the town manager. proposed the boards and commissions for the
town and started getting into the benefits. He said the new town manager has a
fair amount of expertise with developing benefits plans so the committee wants
to wort: with Paul in developing a plan for town employees.
POI.ICI?
Chair Fox reported that the committee had reviewed the proposed contract and that
they hadn `t received any comments except from the town manager. He asked the
council to have their comments in br next week and requested that the attorney
bn present at their next meeting. Air. Farrell suggested inviting Supervisor
Bruener to the nest meeting also.
PUBLIC RELATIONS & CENSUS
Chair Minarsich said there wasn't much to report and reminded everyone to call
town hall if they hadn't been contacted by the census bureau or knew of anyone
Town Council Minutes 4%2090
Page 2 of 4
else who hadn't been counted. He further reported that the committee haJ
received no report from Mr. Froncek on any progress he has made.
TOWN CODES
Chair Lemieux reported that her committee has finished the first draft of the
town codes except for cable, planning and zoning and police which would be folded
in later. She said the attorney would be going over the codes to make sure they
were in legal compliance and would return to the subcommittee for final reviei..
Tim Yoder had met with the codes committee and reported on what needed to be done
to have a building safety department in place by July 1st and what avenues were
available to the town at this time. He said there were 2 options - hiring your
own people or contracting out for the service. Mr. Yoder said he had spoken to
Doug Hood from Carter, a private company which supplies these services, and a
retired chief building official from Maricopa County, Walt McCoy. He said both
these individuals agreed that Fountain Hills should expect to start with a full
time clerk in the vicinity of $20,000, a full time inspector who is competent in
plan review in the range of $30,000 to $40,000. He said for someone to act as
inspector only -would be about $10.000 less. The town would also need to have a
part time civil engineer available. He said if the town hires someone on their
own, they would have to realize that the inspector would be out of the office at
least 2 days a month attending association meetings to stay current. How to
replace a stand alone person can become a problem. Contracting out on an interim
basis, using Carter's set up of Sedona as an example, would give the contracting
agency 73 of the permit fees and 70 of the plan check fees, the remainder
coming back to the town. There is an original set up fee running between $8-
10,000, which would sign up Fountain Hills for all the codes and related
documents. They would set up the department here and staff it for a percentage
of the income. They can also supply civil engineering services on a retainer
basis for about $2,000 a month. This covers 20 to 30 hours of civil engineering
work and if it goes beyond this amount, it's $50.00 per hour. Mr. Yoder said
they projected on a conservative basis, based on what happened last year and this
year to date, a permit income of $200,000 a vear. after paving a commercial
outfit their percentage, $10,000 off the top for stet up fees, engineering costs,
etc., there would still be about a $20,000 left. He feels this would be a pay
for itself department. He further said that the contractors association supports
contracting these services out for the first vear. Mr. McNulty said bidding for
these services would have to be on an RFP basis and that he felt it was a very
viable plan for a new town. He further reported that the town was a member of
ICBO and that the books had been ordered.
PLANNING _&_ZONING
Councilman Hau->en said adoption: of a resolution was on the regular agenda.
TOWN MAGISTRATE
Chair Lemieux reported that the committee was done since the magistrate had been
chosen and he would be setting up the court.
TOWN ROADS
Town Council Minutes 4i26i90
Page 3 of 8
Chair Fox reported that they were working with the current road distrAL s;AI F
to analyze the current equipment that the districts have and working on possibtc.
recommendations on ma, -be replacing some of that equipment. They are also wort:ing
on a long rang? maintenance plan and a schedule to complete paving.
ADJOURNMENT
Since there were no further questions or comments, Mayor Cutillo adjourned the
worPstudy session at approximately 7:14 p.m. and announced that there would be
a short break before the special session convened.
Town Council Minutes 4/25i 90
Page 4 of 8
TOWN 01' FOUNTAIN HILLS
MINUTES OF THE SPECIAL SESSION
APRIL 26, 1990
At approximately 7:29 p.m., Mayor Cutil to called the speciol session order.
Following the pledge to the flag, roll call was taken and the council way
represented by the same membors rioted in the wcrk study seGsaon.
AGENDA ITEM #2 — ACCEPTANCE CAP APRIL_12TH, 16TH, 21ST AND 24TH MINUTE
Mice Mawr Ninarsich made a MOTION to accept the meeting minutes of Apri 1 11, in,
21 and 24. SECONDED by Councilman Foy: and CARRIED unanimously.
AGENDA ITEM #:3 — PRESENTATION OF THE TOWN LOGO
Logo chairperson. Vanessa DavissoIt, gave the councilmembers copies of the revised
logo, Certificates of recognition; were given to committee members Vanessa
Davisson, Bonnie Kline and Allison Varlet'.
AGENDA ITEM Ph — AUTHORIZING THE TOWN MANAGER TO TAKE BIDS ON HEALTH INSURANCE
Nally Hudson read a letter (attached) which summarised his report on health
insurance and his subsequent recommendation. He said the town could not obtain
health insurance- with less than 10 employees, but could be rolled into the
current Intergroup Plan which covers road and sanitary district employees. The
cost would be $93.+0/month for each employee to be borne by the town and
$137.00imonth for spousal coverage, 50 to be borne by the town. Further
benefits such as dental could be decided upon later. He still did not have a
definite response from Intergroup whether or not they would accept the 3 town
emplcyees but it was still his recommendation to do so if possible. He also said
that the Ivice would be changed by a minimum: of 131 on July ist. )unci!man Fox
made a MOTION that the town manager go and look into bids for group coverage if
it can be acquired by joining with the road;san.itary district policy or to go on
for individual insurance bids and giving hind authorization to ?uter into an
:agreement. The motion DIED for lack of a second. Vice Mayor Minarsich made a
MOTION to authorize the town manager to iccept the proposal as offered by :sir.
Hudson if it's possible, if it's not possible to authorize the gown manager to
take bids on health insurance. SECONDED by Councilman Haugen and CARRIED
unanimously. Councilman Bill thanked Dick Haugen, Harr; Barber, Peg Tibbetts,
Norman Lash and Volly Hudson for all their efforts on the Personnel Subcommittee.
AGENDA ITEM #5 — 0A TAINING BIDS FOR ROAD MAINTENANCE E UI IMENl,
Councilman Foy: .asked the counci_i's authu izatiao t obtain bid" en :3 or .+ pieces
of equipment on a lease purchase bads. Councilman Fox made a MOTION that the
council give authorization to the town manager to proceed in getting bids on road
maintenance equipment based on the specifications that will be forwarded to him
from the highway committee.. SECONDED by Councilman Bi l I . Bruce 11-insen asked why
some of the road district money couldn't be spent on equipment rather than on
slurry seal which was also costing the sanitary district extra money because of
the stepped up schedule. Councilman Fos reported that the attorneys on both
Town Council !Minutes 4/26 T-)
Page 5 of 5
parts felt it would be more difficult transferring equipment when the tol'al
over the district and it would be better to spend the money on slurry- sealtit:
also reported that the town manager had recommended leasing the first year whe:]
funds would be less than they would be the following year after the 1990 census
figures go into effect. Councilman Fox said the equipment they are looking into
were a 5 ton dump truck, a sweeper, a half ton pick: up truck and possibly a crack -
sealer and trailer. The motion CARRIED unanimously.
AGENDA ITEM #6 - PREPARATION OF RELEASE OF LIABILITY FOR SHRUB REMOVAL
Councilman Fox explained that this item is basically to give the town a release
of liability and stemmed from a resident at Palmer and Saguaro who has agreed to
allow the removal of the hedge row in a planter box if it was replaced with 101%
ground cover. The release of liability is to cover ant- subsequent problems after
the hedge is removed, not for any driving or anything else. Mayor Cutillo asked
to have the release form be made general so it could be used for other cases in
the future. Vice Mayor Minarsich made a MOTION to approve the town attorney to
prepare a release of liability for shrub removal from residents property in
having shrubs -removed and replaced. SECONDED by Councilwoman Lemieux avid CARRIED
unanimously. Wally Hudson said this will be covered in the codes that will be
adopted.
AGENDA ITEM #7 - RESOLUTION 1990-13 ADOPTING THE ZONING ORDINANCE. AS A PUBLIC
RECORD
Councilman Haugen thanked the people who worked on his subcommittee, Mike
Ninars.ich, Lari Bratcher, Jerry Jones. Ray Baldwin and Loras Rauche. Mr. Farrell
st:ated that the committee had taken the existing county ordinance, did extensive
review for continuity and then directed the attorney- to place it on the word
processor, making the nomenclature changes necessary to make the ordinance
appropriate for Fountain Hills. A working copy resulted that the committee could
study and determine items to go out .and items to stay in, as well as modifying
the powers that the town has that are not available to Maricopa County because
of their inability- to pass ordinances. The manager has prepared a map to be
published along with a notice of a public hearing to be held on May 24th at 6:30
p.m. Resolution 1990-13 declare that this printed copy of the ordinance is
a code and that the code will be reproduced in three copies and available in Town
Hall for public inspection. This relieves the town of printing the entire code
in the paper. Adopting the existing county ordinance guarantees that nothing
will change for each homeowner. After the ordinance adoption, the council will
select a citizen planning and zoning commission and start the process of
upgrading and improving what the countil product is. The town has broader powers
than the county and can add benefits and put burdens into the zoning ordinance
to keep the purpose of the corrununit,: going in a forward direction to encourage
certain types of preservations and to prevent other types of abuses. He said the
zoning ordinance is the police power ,arrr: of the elected officials while the deed
restrictions and covenants are the contracts between the homeowners. These are
mutually- exclusive. As time progresses and thing: change, covenants tend to
become rock hard whereas a zoning ordinance becomes very fluid, responding to the
needs of the community, case law, state statutes, federal legislation, etc.
Regarding the pending county- change on manufactured housing, Mr. McNulty
Toren Council Minutes 4,'26/90
Page 6 of 8
explained that the local ent"illy call rec uluLC: Wrp thaq ha L NA �':ur .w
eliminate i t . Vice Mayor Mi nars i ch made a MOTION to adept Resolution 1 "OP- 1
adopting the Town of Fountain Bills zoning ordinance ab a publi.. n-cord.
SECONDED by Councilman Fox and CARRIED unanimously.
AGENDA ITEM # 8 - ESTABLISHING A HERING DATE FOR THE ZONING ORDINANTCE ADOPTION
Mr. McNulty- explained that the Iaw requires that: the :zoning maj_- any: the att_-caent
material be published for at least 2 ,seeks prier no the public healing; and
following the hearing, tI council acts "pon adopting a zoning ordiranc,. Tn
map is set to be published the weeks vf May 10tb :and 17th. He t hc_c asPed that
the council set the hearing for the 24th of lay- since the zening ordinance cannot
be adopted with the emergence clause but must sit fir jO days betare buwwing;
effective. Councilman Fox made a MOTION t;_ set 'W", -)". 191�0 a.; th:= rutil,.
hearing date for the adoption of the zoning rdinance. SECONDED bj Vicc Ya`or
Minarsich and CARRIED unanimously..
AGFIVDR ITEM #9 -ACTION ON THE INTERGOYERNII?N'fAI. :1GR_N,LMENT FOR-ELECTIONSUPPORT
Vice Mayor Minarsich made a MOTION to act upon the intergovornmental .agcoement
for election support, SECONDED bj Councilman iiaugen and CARRIED un.animouwly.
The Mayor then said that agenda items number 10, 11 and .12 were nu longer needed
and would be skipped.
AGENDA .ITEM #13 - ACCEPTANCE OF RESIGNATIONS OI'_ HAPPY BARBER AND DICK HAUGEN
t iLh regret the Mayor explained that the council had been :asked to :accept the
resignations of Harry Barber .and Dirk Haugen and that he was scrry t6 lose them
both. Vice Pati"or 17inarsich _;.aid it mis important t;: n,Le !lot Councilman Hiugen
was Leaving because he was leaving the areq and thin n,_la: MOTION to the
resignations of Councilmember Ba_-L-r• :aa,l Haut -,en. SECONDED by Councilman F=», who
.added that Mr. Barber was leaving for medical reasons and commented on how much
both men had clone for the community during; their t im - an the council. The motion
CARRIED unanimously. Mr. Haugen r en ;eft his spit nmidst applause.
AGENDA ITEM #14 - APPOINTMENT OF NEW COUNCILMI?MI?tiRS
Mayor Cutillo made :a MOTION to chopsc _' of the " _=1e:_•tpd swun; ilmembers and that
it be done in the form of a dr::1Te. SECONDED 13 Councilwoman Ltrai<u: and CARR_IED
unAnimously. Mr. Haugen fires the names of Bill %'Briar. and Tibbetts from the
box.
A{:i'NDA ITEI^T ',1 S - SWr.4R IN Ct)U�'CI.I;.M1_�?I?I:RS _ n iJ(' _ ",,1C >'t Rr1_!'I;
Abyur Cutiilo administered the oath:. of afficu to ;:ouacilmembers Bill O'Brien,
Peg Tibbetts and Magistrate Stuart Shoob at approximately 3:5 p.m.
AGENDA ITEM #16 - CALL TO THE PUBLIC;
No one came forward.
Town Council Tioutes i ''b. 90
Page 7 of
AGENDA ITEM #17 — ADJOURNMENT
Cc;uncilwoman Tibbetts made her first MOTION to adjourn, SFCONDED b
O`Brien and CARRIED unanimously. The meetirig adjourned at approt.im.ately 8:28
p.m.
TOWN OF HILL
Bti'. /
John A' + utillo, ^;al -or
ATTEST: _ ,( (�,t •` •U . _.
Cassie B. Hansen, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct cope of the
minutes of the work/study and special session of the Town Council of Fountain
Hills held on the 26th day of April, 1990. I further certify that the meeting
was dull- called and that a quorum was present.
DATED this i+ day of June, 1990.
Lassie B. Hansen, Town Clerk:
Town Council TM.inutes i, 6/'90
Page 8 of 8