HomeMy WebLinkAbout1990.0904.TCWSM.Minutes,, TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
TUESDAY, SEPTEMBER 4, 1990
A public work/study session of the Fountain Hills Town Council was convened and
called to order by Mayor John Cutillo at approximately 6:35 p.m., Tuesday,
September 4, 1990 in the conference room of the Fountain Hills Town Hall Offices
located at 16836 E. Palisades, Building C, Fountain Hills, Arizona.
Present for the work/study session Mayor John Cutillo and Councilmembers Mike
Minarsich, Frank Clark, Bill O'Brien, Peg Tibbetts and Charlie Fox. Absent was
Vice Mayor Wally Hudson. Also present were Town Manager Paul Nordin, Director
of Community Development Gary Jeppson and Town Clerk Cassie Hansen.
AGENDA ITEM #2 — TOWN MANAGERS REPORT
Mr. Nordin reported that the positions of accountant and town marshal had both
been filled and that there were no plans to fill anymore positions at this time
even though the_ budget allows for a planner and an additional secretary. He said
filling those positions would not be considered until after a budget review in
October or November. He further said that he would like to take a "wait and see"
stand on filling the position of recreation director although the recreation
ordinance the council would be passing would establish this position as well as
a recreation commission and the department itself. Mr. Nordin then went over the
process involved in the activities of transportation committee. He explained
that since the defeat of Valtrans, the powers that be in the county have decided
that a successful mass transit plan would have to come from a grass roots effort,
hence the development of committees at the local level. Each one of these local
committees is surveying their own community regarding transportation needs,
desires, current services, etc. and formulating a plan for each community. A
master committee will be integrating all of these individual plans into one
comprehensive plan to put before the voters.
Mr. Nordin reported that the street department had been primarily working on
clean up after the storms but that they had also begun work on the Palmer Way
project. He said they were also striping, patching and working on dust control
and weed and brush control. Councilman Clark, after commending staff on all that
had been accomplished, expressed his concern for the lack of effort up to this
point on developing a strategy to complete paving in town. He said this was a
major issue in the incorporation election and in the recent Town Hall and that
since so many of the number 1 and lA issues had been taken care of on the plan
of work, he would like to see the Town Manger and staff spend considerably more
time on project 19 to establish long range strategy on paving so that we know as
early as possible where we are going. He volunteered to help on planning the
paving/maintenance stategy since he had been on the road district and active on
developing the estimates for the last bond package. Mr. Nordin said he had had
preliminary discussions with residents on Spotted Horse Drive who are interested
in paying to have their road paved. Councilman Clark said there were certain
criteria that could be used to determine a paving schedule ie. the length of time
people had been waiting for paving, the type of terrain they have, etc. and that
it is unfortunate that anyone should have to pay to have their own roads paved
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because they have paving coming. Mr. Nordin said he hoped to have a plan in
place by November. Councilman Fox said it was important to remember the budget
constraints because even though our census numbers will be up from 1985, the
dollar figure per person will go down. Mayor Cutillo said that he agreed that
paving was a priority although he felt staff was on schedule as far as getting
things done. Bruce Hansen asked if pressure could be put on MCO to complete
their paving responsibilities, if they in fact had any. Mayor Cutillo said he
was unsure if resolution 40 was in effect or not and that was something that
would have to be straightened out.
Councilman Minarsich explained his phone call from Al Obst who had recommended
starting a block watch after some of the recent vandalism and that he was hoping
to utilize the provision in the Sheriff's contract to get this going once the
contract was signed. Councilwoman Tibbetts suggested that this might be an area
where our local posse could get more involved.
Mr. Nordin referred to the draft RFP in the packets and said that Mr. Woodward
would be going over it with the council on Thursday.
He then referred to the Felker presentation which would be taking place Thursday
night and said he would defer that to the project representatives. Mr. Nordin
did go over a potential annexation time table with the council. He said the
first step is to get the property ownership from the county, which he has already
done, and that Felker is the only owner. A blank annexation petition would then
be filed on the 14th of this month with the county recorder's office and that
starts a 30 day clock running during which staff has to notify all property
owners and give notice to the County Board of Supervisors. The property would
then be properly posted and the public hearing would be properly noticed in the
paper and heard by the Council at the first meeting in October. A one year clock
then starts during which time staff would negotiate with the Felker people the
content of their development agreement. That document would be brought before
the council for their approval, disapproval, change, etc. Once that document is
consumated the annexation ordinance would be presented to the council for action.
Dick Froncek gave a brief report on the post census local review. He said they
had already submitted corrections to the Fountain Hills boundary and that while
he and Mr. Jeppson were doing a windshield survey to verify the Anderson Nelson
map and checking water meters as well, they found housing units that had been
missed by the census count. He said that Gary was working with certificates of
occupancy as a follow up to the building permit check. Mr. Jeppson stated that
they needed to respond by the 13th of September and that up to this point they
had gone through about 40 blocks and found about 41 additional units not counted
in the census. He explained that the census asked communities to document their
estimates on the basis of utility connections and the census will then prove or
disprove those estimates. Mr. Froncek said the post local review covers housing
units only and that is the only recourse local governments have. Pam Aister,
formly of the regional census office, verified that enumerators would come out
to verify the housing units the community would submit.
AGENDA ITEM #3 — RESOLUTIONS 1990-22 AND 1990-23 INVOLVING THE ABANDONMENT OF
EASEMENTS
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Mr. Nordin explained that he had spared the council alot of paper by not copying
them on all the correspondence from all the utilities giving their approval of
the abandonment. He said these were of little consequence to the Town since we
are not in the utility business and that these were easements that were behind
homes where the owners wished to build backyard fences. Councilman Fox expressed
the desire, since there would probably be so many of these requests, to enter
into the blanket letter type of approval. Councilwoman Tibbetts explained how
this whole situation with the easements originated and that they had tried to get
a blanket variance from the county who would not do it unless every lot was
inspected, which they would not pay to do. The easements were hardly ever used
except in one section where the sanitary district did use the easement.
Councilman O'Brien suggested working backwards and asking the utilities to tell
us which lots they need access to the easements. It was suggested that staff get
the major water plan map, sanitary district map, etc. to see what lots are
affected by installations and then proceed to issue a blanket variance except for
the lots where access is necessary.
AGENDA ITEM #4 — MAGISTRATE SHOOB'S REQUEST FOR ADDITIONAL STAFF
Magistrate Shoob reported to the council on the increased court activity and
stated that it, and the accompanying paperwork, was much heavier than he had ever
anticipated. He referenced a report that he had supplied the council on the
fines collected thus far and how many were outstanding, requiring collecting.
He further stated that he would like some part time help to work on collecting
all the outstanding fines which totaled in excess of $19,000. The idea of
setting up payment by credit card was discussed. The Magistrate asked to have
some discretion in how many hours he could have additional help in the court
because he was not sure at this point how many a hours a week would be needed to
get the job done. He said in Oro Valley, population of 2,500, there are five
court employees who are running a model court and doing very well on collections.
He further said that when his part time person came on board, that he was going
to send the court clerk and her assistant down to Oro Valley for a day to see how
they do things. Mr. Nordin said that he and the Judge would present a
recommendation to the council at Thursday's meeting and Councilman Fox requested
a recap sheet of fines paid and fines outstanding.
AGENDA ITEM #5 — TOWN MANAGER'S EMPLOYMENT AGREEMENT
Mr. Nordin asked if any of the councilmembers had any questions or comments on
the agreement. Councilman O'Brien questioned the analysis by Mr. Nordin and said
he couldn't really agree with the advantages because since the agreement was
between the Town and Mr. Nordin, not his successors, he didn't see how it could
help to attract better qualified mangers in the future. Mr. Nordin clarified by
explaining that the mere fact of an agreement being in existence sets a positive
precedent as far as the profession is concerned. It was decided to leave the
review date in January. The continuation of insurance coverage following
termination was discussed. Mr. Nordin explained that the contract sets no
precedent for other town employees because the town manager is the only position
that serves directly at the pleasure of the council and all other employees have
recourse where the town manager does not.
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AGENDA ITEM #6 - SPECIAL EVENT LIQUOR LICENSE REQUEST FOR THE KNIGHTS OF COLUMBUS
The accompanying memo and application spoke for themselves and the council had
no questions.
AGENDA ITEM #7 - THE IGA BETWEEN THE TOWN AND THE SCHOOL DISTRICT
Mr. Nordin said he had reviewed this document with Vice Mayor Hudson for the
proper insurance content and with Walt Dunne. He said that Mr. Dunne approved
the IGA up to his level of authority and said that he didn't think there would
be a problem in deleting the section on the school having input on the fee
schedules set by the Town. He confirmed that our attorney had reviewed the
document and that staff was recommending approving the agreement.
AGENDA ITEM #8 - THE IGA BETWEEN THE TOWN AND THE SANITARY DISTRICT
Mr. Nordin reported that the IGA had been done over by the Sanitary District
attorney and that the present copy had not been reviewed by our attorney although
not many changes had been made. He explained how some of the costs had been
reduced in the rental amount since Pat Harvey now had office space at Town Hall
as well as all the road district files. Councilman Fox expressed a desire to
have some sort of accounting on the fuel we were being charged for. Also, that
we should exchange certificates of insurance with the district.
AGENDA ITEM #9 - ORDINANCE 90-12 - ESTABLISHING A NEW SECTION 3-1-5 ESTABLISHING
THE OFFICE OF TOWN MARSHAL AND DEFINING THE MARSHAL'S RESPONSIBILITIES
Mr. Nordin explained that the change expanded the Town Marshal's responsibilities
to reflect the reality that our Town Marshal is a certified law enforcement
officer and able to enforce the criminal portions of the code.
AGENDA ITEM #10 - ORDINANCE 90-13 - ESTABLISHING THE RECREATION COMMISSION, THE
RECREATION DEPARTMENT AND THE POSITION OF RECREATION DIRECTOR
Mr. Nordin went over some of the high points of the ordinance and asked for
questions and comments. In Section 9-1, Councilman Fox questioned referring to
the Parks and Recreation Department as an executive department of the town and
Mr. Nordin agreed that the terminology would probably not be consistent with the
rest of the code. Councilman Fox also felt "officers" should be removed from the
next sentence. In 9-2, the subject of how many members should be on the
commission was discussed at great length. Mr. Nordin said the Parks and Rec
Subcommittee felt the commission should have a broad base of members representing
all factions of the community, including a member of the Mayor's Youth Council
who would be replaced annually since that member would probably be a high school
senior. Councilman Fox said he thought 9 was too many members but that he could
go along with 7. Councilman Clark said he spent a number of years establishing
and training project teams and they found that continual testing proved 5 to be
the most efficient number. He further said that 6 is O.K and 7 is stretching it
to the limit and going beyond 7 is unmanageable. Mayor Cutillo said he would
generally agree except in this case he would expect more than committee meetings
out of them and that they could also supervise some of the activities.
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Councilman Minarsich said he felt this was a unique board and a cross section of
members was a vital aspect of its makeup, justifying more members. Councilwoman
Tibbetts agreed with Councilman Minarsich. Councilman O'Brien suggested setting
a maximum instead of an actual number so there would be some flexibilty. It was
decided to change 9-2-1 to read "no more than nine". Further discussion ensued
regarding powers and duties and Councilman Fox expressed concern about 9-2-2,
part B. He said the last 4 words, "council and town manager" should be changed
to director of parks and recreation". In C, he suggested a period after
"therein" and striking the rest. In D, he suggested "advise the director of
parks and rec with respect...", not the council and town manager. In 9-2 the
second sentence "shall be appointed by the mayor with the consent of the council"
should be "by the consent of the council". In the same paragraph, if they go
with nine members, the last sentence would have to be stricken or changed. It
was decided to have it read "at least three". The council also felt that on the
subject of reimbursement, it was a good idea to make it clear that prior
authorization was necessary. In 9-2-6, Councilman Fox said the last 2 words
should be changed from "for cause" to "without cause" under A. Councilwoman
Tibbetts suggested taking out both "for cause" and "without cause" and just
ending the sentence after "at any time". It was then suggested to delete C and
the council concurred.
AGENDA ITEM #11 - RESOLUTION 1990-24 AUTHORIZING THE MAYOR AND CLERK TO SIGN AN
IGA WITH THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY
Mr. Nordin explained that the Governor's Office was requesting this IGA to
proceed with the grant that had been awarded to Fountain Hills for signage.
Councilman O'Brien expressed concern with authorizing the signing of an agreement
without being able to see the agreement first. Mr. Nordin said staff would
review the agreement and if anything was out of line, we would not sign it.
Mayor Cutillo suggested that when the IGA came in, 4 councilmembers could be
contacted to review it. Mr. Nordin said he would try to get them to send a fax
of the rough draft of the IGA for the council to see on Thursday night.
AGENDA ITEM #12 - ORDINANCE 90-14. AMENDING THE ZONING MAP
Mr. Jeppson explained that this was to change the map to reflect the zoning
change that the council had already approved.
AGENDA ITEM #13 - APPOINTING THE PLANNING AND ZONING COMMISSION
Mr. Nordin said policy direction was necessary to determine how many members
would be on the commission. Mr. Jeppson explained how he had come up with the
list of candidates before the council which had been derived from the
councilmembers' short lists. He also stressed what an important commission it
was and discussed the pros and cons of having 5 or 7 members, saying he preferred
working with 7. A lengthy conversation ensued as to the selection process for
this commission. Mayor Cutillo said he was not comfortable selecting such an
important commission without interviewing the applicants first. Councilman
Minarsich suggested that councilmembers could call up the candidates they were
unfamiliar with and acquaint themselves with all candidates in that manner. It
was eventually decided to interview the candidates in executive session following
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the presentation by Jack DeBolske on September 11, 1990. Mr. Nordin said the
candidates had the right to reject being interviewed in executive session and
request to be interviewed in a public meeting. It would be necessary for them
to sign a release form, agreeing to be interviewed in executive session.
The council adjourned the work/study session at approximately 9:46 p.m.
TOWN MON LLS
By:
John VCutillo, gayor
ATTEST:
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 4th day of September, 1990. I further certify that the meeting was duly
called and that a quorum was present.
DATED this �— day of October, 1990.
eiza� • /
Cassie B. Hansen, Town Clerk
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