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HomeMy WebLinkAbout1990.1004.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 4, 1990 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, October 4, 1990, in the Fountain Hills School District Administration Building located at 14605 N. Del Cambre Ave., Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Mr. Gary Emmons of Christ's Church of Fountain Hills, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Wally Hudson and Councilmembers Frank Clark, Mike Minarsich, Charlie Fox, Bill O'Brien and Peg Tibbetts. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Community Development Gary Jeppson and Town Clerk Cassie Hansen. AGENDA ITEM #2 - ACCEPTANCE OF THE MEETING MINUTES OF SEPTEMBER 4TH. 6TH AND 11TH Mayor Cutillo made a MOTION to accept the minutes. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #3 - PRESENTATION OF THE U.S. FLAG BY A REPRESENTATIVE FROM THE AMERICAN LEGION Mayor Cutillo announced that the local Commander from the American Legion, Mr. Ted McQuiston, did not appear to be present so this agenda item would probably have to be postponed to a later date. At this point, Councilman Fox made a "substitute" presentation to the Mayor of a happy belated birthday present from the Council. Councilwoman Tibbetts then congratulated Mayor Cutillo on being selected Citizen of the Year. The Council gave the Mayor a framed picture of himself receiving the Citizen of the Year award. AGENDA ITEM #4 - TOWN MANAGER'S REPORT A.a. Mr. Nordin introduced Mary Petrov, Bob Brown, Irene Leckman and John Mahin of the Transportation Committee as well as Sheila Barbarini who works for the RPTA. The group was publicly thanked for all the work they did on formulating the transportation plan for Fountain [fills. Mr. Nordin said the Council had the plan in front of them and that he recommended the plan's approval so that it could be sent on to the regional transportation committee. He added that the Council's suggestions had been added to the document. Vice Mayor Hudson explained to the committee that the Council had discussed this item at great length at the work/study session on Tuesday and had gone over the document thoroughly. He did not want them to get the impression that the Council was ignoring them or their efforts. He further explained that the purpose of the work session was to make the regular meeting shorter but that it didn't give the credit due to the committees that had worked so hard. Vice Mayor Hudson made a MOTION to accept the Fountain Hills transportation plan as presented and dated Town Council Minutes 10/4/90 Page 1 of 7 9128190. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. VJ A.b. Mr. Nordin reported that the street crew was currently working on street cleaning, final grading of some unpaved roads, patching, painting on medians and brush control. A.c. The Town Manager introduced the Town Auditor, Mr. Craig Trbovich, who reported that the Town was in good financial condition at the end of the first fiscal year and that there were good fund balances to work with in the upcoming first full year of operation. Vice Mayor Hudson commented that the present lease with MCO, contrary to the statement on page 9, was a cancelable lease. Councilman O'Brien asked why no depreciation had been provided on the general fixed assets and Mr. Trbovich explained that as a Town we are not supposed to report depreciation on fixed assets. Councilman Fox gave a brief explanation on the two types of funds the Town has, the general fund and the special revenue fund or the highway fund. He reported that there was $69,923 carried over from the general fund at the end of June and $205,191 carried over in the highway fund for a total of $275,114 of unused revenues that are now available to use in the current fiscal year. B.a. Mr. Nordin said the Sheriff's contract was before the Council in final form with the one district correction noted. Vice Mayor Hudson made a MOTION to adopt the law enforcement public safety services agreement, the copy that had been signed by the Sheriff. SECONDED by Councilman Fox. Councilman O'Brien stated that although the contract had been made as favorable as possible to us, he had to object to the inclusion of the last sentence in Section 1.1 about lower level of service resulting in delays of response. The motion CARRIED unanimously. B.b. Mr. Larry Woodward told the Council that, if approved by them, he was prepared to distribute the RFPs to all the companies that have been heard from as well as placing an ad in the national trade magazines, newspapers, to maximize the industries awareness of our RFP process. Responses are to be back by December 3rd at which time we will have a good idea of what companies are proposing in the way of service for Fountain Hills. Councilwoman Tibbetts asked to acknowledge the hours of work that the local citizen committee contributed to the formation of the document. Vice Mayor Hudson made a MOTION to adopt the final draft of the request for proposal for cable television licenses dated October 4, 1990. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. B.c. Mayor Cutillo once again made mention that the requests for special event permits had been discussed at length in the work/study session and said he would entertain a motion to accept all three or one at a time if the Council so desired. Vice Mayor Hudson said that the one for the Kiwanis should still be subject to approval by the Sheriff's Department. Mayor Cutillo asked if the Vice Mayor wanted to make the motion with that inclusion and Vice Mayor Hudson replied affirmatively, Councilman Minarsich in agreement. Councilman Fox reiterated his comment of Tuesday night that instead of the Sheriff signing off, he would like the sign off to be the Town Marshal and that all organizations coordinate all health and safety communications and coordinations through our Town Marshal who would coordinate with the Sheriff, Fire District and paramedics so there would be one place in the town where this could be done. Councilman Minarsich echoed Town Council Minutes 10/4/90 Page 2 of 7 the Vice Mayor's request to have staff follow up and make sure that the Sheriff's signature is obtained on the Kiwanis request. Vice Mayor Hudson made a MOTION that the special events requests, which was three of them, be approved with the Scottsdale Kiwanis Club one being approved subject to signature of the Sheriff's Department on the application. SECONDED by Mayor Cutillo and CARRIED unanimously. The Council agreed to Councilman Fox's suggestion on changing the form. Mayor Cutillo then went back to agenda item #3 and introduced Mr. Ted McQuiston from the American Legion who then presented the Town Council and Town with a United States flag. Councilman O'Brien brought the Council's attention to the fact that only three events had been approved and there were a total of four events to be approved. Councilman Minarsich made a MOTION that the Council approve the third Chamber of Commerce special event. SECONDED by Councilman Fox and CARRIED unanimously. Councilman O'Brien asked to amend the motion so it covers what is actually being asked for and made the MOTION to approve all four events on the agenda listed under 4.B. including section c. and d. For lack of a second, the motion DIED. AGENDA ITEM #5 — HOLD PUBLIC HEARING AND RECEIVE PUBLIC COMMENT ON THE PROPOSED ANNEXATION OF THE FELKER PROPERTY Mayor Cutillo opened the public hearing for public comment at 6:55 p.m. and asked for comments for and against. Jack Schuler requested to know where the water would come from for the proposed golf course. Mr. Farrell replied that the hearing was on the annexation itself and questions of this nature would be covered after the development plan had been adopted. Mayor Cutillo suggested that Mr. Schuler speak to Mr. Graff after the meeting to address that question. Since there were no more public comments, Mayor Cutillo declared the public hearing closed at 6:58 p.m. AGENDA ITEMS 6. 7 AND 8 — BOARD OF ADJUSTMENT The Council acted as the Board of Adjustment on these agenda items and therefore, this material is covered separately. AGENDA ITEM #9 — RECONVENE AS THE TOWN COUNCIL The Town Council reconvened in their capacity as the Town Council at approximately 7:33 p.m. AGENDA ITEM #10 — RESOLUTION 1990-25 MAKING THE TIMES THE OFFICIAL PAPER OF THE TOWN Vice Mayor Hudson made the MOTION to make the Fountain Hills Times the official paper of the Town. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM #11 — RESOLUTION 1990-26 ADOPTING A CONSTRUCTION PERMIT FEE SCHEDULE Town Council Minutes 10/4/90 Page 3 of 7 Mr. Nordin said that staff wished to develop a more comprehensive report than what has been included in the packets this week and bring it back to the Council in 4 to 6 weeks. He said the new report would include input from the local builders, the public and developers from the industry. He further stated that it was desired to have the item on the present agenda to give the public and the industry appropriate notice that such a fee schedule was being considered. It was his request that the item be tabled for further study. Vice Mayor Hudson made the MOTION to table the item for further review by staff. SECONDED by Councilman Clark. Mayor Cutillo requested that when staff comes back with a new report to include why the fee is necessary and how much more cost it means to the individual home builder because he wants to be shown that it's something that absolutely needs to be done before doing it. The motion CARRIED unanimously. AGENDA ITEM #12 - RESOLUTION 1990-27, APPROVING A SIGN PERMIT FEE SCHEDULE Mr. Nordin requested that this item be included in the consideration of the next item and that if the Council did direct staff to a develop a sign ordinance for the Town, that this would be considered at that time. Councilman Fox made the MOTION to include this item with item #13. SECONDED by Mayor Cutillo and CARRIED unanimously. AGENDA ITEM #13 - DIRECTING STAFF TO PREPARE A SIGN ORDINANCE This was covered in Councilman Foxes motion to combine items 12 and 13. AGENDA ITEM #14 - ORDINANCE 90-15 PROVIDING FOR AND SETTING THE MEMBERSHIP OF THE PLANNING AND ZONING COMMISSION PROVIDING FOR THE ELECTION OF A CHAIR AND VICE -CHAIR THEREOF PRESCRIBING THE GENERAL POWERS AND DUTIES OF SAID COMMISSION AUTHORIZING THE ESTABLISHMENT OF RULES OF PROCEDURE. Councilman Fox asked if it was understood from the Tuesday meeting that the selection process would be done and reported back to the Mayor for publication. Mr. Nordin said that was the intent and explained the procedure for the public. Councilman Fox made a MOTION to adopt Ordinance 90-15 as provided to the Council. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #15 - ORDINANCE 90-16 ESTABLISHING A TRUCK ROUTE FOR FOUNTAIN HILLS Mr. Nordin said the ordinance before the Council was a cleaned up version which included suggestions and comments made by the Council on Tuesday. Vice Mayor Hudson asked what the time frame was and what type of signs are proposed to mark the truck route. Mr. Nordin said there are standard truck route signs which would be obtained as soon as possible. He also said that since the ordinance did not contain an emergency clause, that it would not go into effect for 30 days and staff would hope to have the signs by then. Councilman Fox made a MOTION to adopt Ordinance 90-16 as provided to the Council by staff. SECONDED by Vice Mayor Hudson. Peter Putterman asked if this ordinance had an effect on the federal requirements for truck access and raised objections to the prohibition of truck parking on public streets. He said an area should be made available in the town where trucks could park to lessen the hardship on the drivers. Mayor Cutillo said he was sympathetic with the problem and that maybe something like Town Council Minutes 10/4/90 Page 4 of 7 that could be looked into. Mr. Nordin said one of the reasons for the ordinance was to help preserve the streets. The motion CARRIED unanimously. AGENDA ITEM #16 - ORDINANCE 90-17 LIMITING PARKING ON THE PUBLIC RIGHTS OF WAY Mr. Nordin said there were two new revised ordinances based on Council's suggestions at Tuesday's meeting. Councilman Minarsich explained the reason for the ordinance, that being the number of complaints received by staff about on street parking of boats, recreational vehicles, etc. that sit for long periods of time. He said he agreed with the intent of the ordinance but could not go along with the language of the ordinance, that it would be very difficult to enforce. He said he would like to see the ordinance redrafted to include the vehicles being targeted. Vice Mayor Hudson said he felt it necessary to consider that some areas in town had very narrow streets and that driveways could not accommodate all privately owned vehicles. He felt some qualifying modification was necessary to make the ordinance more workable in these areas. Councilman Clark said he felt an escape valve needed to be provided for, that the total exclusion bothers him and could create a hardship in some areas. Councilman Fox made a MOTION to table this item for further review. SECONDED by Councilman Minarsich. The motion CARRIED, 6 aye votes to 1 nay vote, Councilman O'Brien voting nay. AGENDA ITEM #17 - RESOLUTION 1990-28, ADOPTING THE PERSONNEL POLICY MANUAL MERIT SYSTEM AND EVALUATION PROCEDURE FOR TOWN EMPLOYEES Mr. Nordin told the Council they had corrected copies in front of them for their consideration and possible action. Mayor Cutillo made a MOTION to accept Resolution 1990-28 as written. SECONDED by Councilman O'Brien and CARRIED unanimously. AGENDA ITEM #18 - RESOLUTION 1990-29, ADOPTING THE SALARY RANGES AND JOB DESCRIPTIONS FOR TOWN EMPLOYEES Mr. Nordin said all necessary corrections had been made. Mayor Cutillo made a MOTION to accept Resolution 1990-29 as written. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM #19 - APPROVING THE BENEFIT PACKAGE FOR TOWN EMPLOYEES WHICH INCLUDES MEDICAL, DENTAL, EYECARE AND LIFE INSURANCE Mayor Cutillo once again told the public that all materials involving this item had been reviewed and discussed thoroughly. Vice Mayor Hudson made a MOTION to adopt the program as outlined with the inclusion of the name of each company for each type of coverage. These are: Medical - InterGroup; Dental - Delta Dental Plan; Eye Care - Arizona Vision Service; Life Insurance - Principle Financial. SECONDED by Mayor Cutillo. Councilman Fox asked if employees would be able to purchase additional life insurance coverage if they so desired per his suggestion at Tuesday's meeting. Mr. Nordin replied that that was his understanding. The motion CARRIED unanimously. AGENDA ITEM #20 - APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND Town Council Minutes 10/4/90 Page 5 of 7 MARICOPA COUNTY TO OBTAIN REIMBURSEMENT FOR STREET INTERSECTION WORK AT PALMER WAY AND SAGUARO BLVD. Councilman Fox made the MOTION as stated above. SECONDED by Councilman Minarsich. Mayor Cutillo asked if there had been any feedback on the job that had been done at this corner and a gentleman from the public replied that it was a great job and had cleaned up all the problems. Mr. Schuler suggested striping at that corner to indicate that that was a left turn area. The motion CARRIED unanimously. AGENDA ITEM #21 - CALL TO THE PUBLIC Peter Putterman asked if the public was not allowed additional comments after the final vote on the board of adjustment hearing and if it is legal, but not allowed, would that affect the validity of the vote. Mr. Farrell replied that if procedure was not followed, the validity would be affected but public comment at a board of adjustment hearing is not a procedural thing. Mary Petrov asked why there was no special event request for the Chamber awards dinner. Jack Schuler said there were roof tiles on an empty lot at the corner of Golden Eagle and Richwood and that something needed to be done about builders storing material on other peoples property. AGENDA ITEM #22 - VOTE TO GO INTO EXECUTIVE SESSION Councilman O'Brien made a MOTION to go into executive session. SECONDED by Vice Mayor Hudson and CARRIED unanimously. AGENDA ITEM #23 - GO INTO EXECUTIVE SESSION The Council went into executive session at approximately 8:03 p.m. AGENDA ITEM #24 - RETURN TO REGULAR SESSION The Council returned to regular session at approximately 8:40 p.m. AGENDA ITEM #25 - ADJOURNMENT Councilman O'Brien made the MOTION to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Council adjourned at approximately 8:41 p.m. TOWN FOUN By : /TAIN HIL �, Johb M. Cutillo, Mayor Town Council Minutes 10/4/90 Page 6 of 7 ATTEST: &- �J Cassie B. Hansen, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the Town Council of Fountain Hills held on the 4th day of October, 1990. I further certify that the meeting was duly called and that a quorum was present. DATED this )�'" - day of October, 1990. r� Cassie B. Hansen, Town Clerk Town Council Minutes 10/4/90 Page 7 of 7 FE