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HomeMy WebLinkAbout1990.1018.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 18, 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 18, 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 Reverend Steve Frazier of the Fountain Hills Presbyterian Church, 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 OCTOBER 2ND AND 4TTf 1990 Councilman Clark made a MOTION to accept the minutes. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #3 - PRESENTATION OF AWARDS AND TROPHIES BY 771E CIVIC ASSOCIATION Mr. Mike Petrone, President of the Fountain Hills Civic Association, presented to the Town, plaques, trophies and awards that the community had received over the last 15 years. He expressed appreciation for Paul May who had been instrumental in helping to build the floats that had received the awards. AGENDA ITEMS #4 AND #5 - PRESENTATION OF CERTIFICATES OF RECOGNITION TO MARY PETROV, IRENE LECKMAN, BOB BROWN AND JOHN MAHIN FOR THEIR WORK ON THE TRANSPORTATION COMMITTEE AND TO DICK FRONCEK FOR HIS WORK ON THE 1990 CENSUS LOCAL REVIEW Mayor Cutillo presented certificates to Mary Petrov, Irene Leckman, Bob Brown, John Mahin and Dick Froncek and expressed appreciation for all of their efforts. AGENDA ITEM #6 - TOWN MANAGER'S REPORT A.a. Mr. Nordin referred to the updated program of work and reported that there were 16 completed projects, 31 projects in progress, 7 projects not yet begun and 9 new projects added. Mayor Cutillo explained to the public that discussion and review of the program of work had taken place at the Tuesday night work/study session where most of the questions and comments had been made. A.b. Mr. Nordin asked for direction from the Council as to whether or not they wanted staff to begin the search for Board of Adjustment members. Councilwoman Tibbetts said that in this area she felt the councilmembers could learn alot about the comity and some of the other challenges that they will be facing in the coming months. Vice Mayor Hudson said that the Board of Adjustment operates under state statute and its decisions cannot be appealed to the Council. The Vice Mayor then made the MOTION to table this item until the first meeting in Town Council Minutes 10/18/90 Page 1 of 8 January, 1991. SECONDED by Councilman Fox. Councilman Minarsich voiced his opposition and said he felt they should begin to seek out a Board of Adjustment as soon as possible based on the fact that he felt there were many more people more qualified to make those kinds of decisions. Mayor Cutillo agreed with Councilman Minarsich in that he felt the search should begin immediately because the Council had enough to do and that it would be good to get people that were qualified for the job. The Mayor said he would like to see the Council instruct staff to begin the search for a Board of Adjustment and that the Council would gain plenty of experience in the meantime. Mary Petrov asked what a Board of Adjustment was. Mr. Farrell explained that a Board of Adjustment is a creature of state statute that is allowed to give a property owner relief from the hardships of the strict enforcement of the zoning code. He said if physical conditions or other hardships prevent a piece of property from being fully developed under the existing zoning code the applicant can come forward and request a variance from the terms of that zoning code for his or her particular piece of property. The Board of Adjustment does not change the use within an area of the zoning code but can give relief such as relief from front or side yard setbacks, height of fences, or the location of structures on the property. Because it is a quasi-judicial board, it's decisions are only reviewed by the Superior Court rather than by the Mayor and Council. The motion CARRIED, 5 aye votes to 2 nay votes, Councilman Minarsich and Mayor Cutillo casting the nay votes. A.c. Mr. Nordin referred to Cynthia Wharton's proposal on an adopt a street program and stated that he felt such a program would be a good idea at this time since we were such a new community. The Town Manager did say he felt the proposed program, modeled after the county program, needed revision to customize it for Fountain Hills and that he was, therefore, recommending that the item be tabled to allow staff to do further research and work on the document. Vice Mayor Hudson said that the program needed revision with respects to insurance, who's liable for what and who is going to hold who harmless. He said as it reads now, as it is written for the county, an individual would be put in the position of having to not only hold the county harmless in case of some injury or accident, but he would have to get his own attorney and defend the county as well. He said some of the provisions in this insurance seemed very extreme. The Vice Mayor also said the Pool was going to send us their suggestions as to a much more modified hold harmless insurance clause. Councilwoman Tibbetts agreed that there were many areas where the document itself should be streamlined and simplified and adapted for our own community. She went on to say she was very much in favor of the goals of the program. Councilwoman Tibbetts made a MOTION that staff be instructed to proceed as was reported to present the Council with a modified agreement along these lines. SECONDED by Councilman Fox. Councilman Clark said he would like to add support because he thinks this is an excellent program and that the Town is the ideal sponsor for such a program. Mary Petrov asked what kind of trash was involved and Mayor Cutillo clarified for her. Dick Froncek said he felt this was a chink in the armor of personal responsibility and that the Town should get the people that do it rather than cleaning up after them. Councilman Minarsich said there was an existing litter ordinance that the Council was seeking to perhaps strengthen. He said it was difficult to enforce and that in the meantime, the adopt a street program was an effective way of getting citizens involved to handle the problem. Mayor Cutillo agreed with the Town Council Minutes 10/18/90 Page 2 of 8 program and said he would like to see a large committee, something like metermaids, that would be deputized and able to issue citations to people that do litter. Councilman Fox reported that the Town Marshal was looking into a marshal reserve program as well as a start up grant from DPS to start a town marshal auxilary that would broaden the arm of the Town Marshal. The motion CARRIED unanimously. A.d. Mr. Nordin reported that he had spent an hour touring the town with Pat Harvey to see what the road crew had been working on. He said they were installing truck route and no truck signs as well as their continued projects of brush and dust control, patching, sweeping and clean up. Councilman Fox expressed concern over the signs that had been installed that said no trucks and asked if that took into consideration that trucks were allowed if they were making deliveries. Mr. Nordin said they had considered adding language to that effect but that adding something like "local deliveries only" could be interpreted or legally construed as a local delivery by other folks that the Town specifically wanted to keep off the streets, such as someone going through and delivering some rock, etc. to certain facilities. Councilman Minarsich suggested informing people in town who routinely take large truck deliveries such as Bashas that trucks making local deliveries are allowed. Mayor Cutillo suggested signs that say no thru trucking because "no trucks" means no trucks. Councilman Clark suggested asking how the Sheriff's Dept. would enforce that sign. Cindy Sawyer from the Sheriff's Office said if the sign indicates no trucks, which that sign does, then the deputies could stop and enforce the failure to obey the traffic control device law. Mayor Cutillo said that was not the intent and Mr. Nordin said appropriate wording would be added to alleviate any problem. Councilman Fox asked when the Council would be presented with the fine schedule for those ordinances. Mr. Farrell replied that there would be a new one only if the Council wished to change what the Magistrate had already adopted. B.a. Mr. Nordin said that staff had reviewed the contract for the Meals on Wheels program and that the Life Care Center of Scottsdale would prepare the meals and the Town would act as a receiving agent of the monies paid for those meals. The Town would then write a check to the Life Care Center for the money that had been received. He said that the accountant had checked with the Town Auditor who said this would cause no problems. Mr. Nordin said staff would recommend this program as a positive community service that the Town could perform. Councilman Minarsich made a MOTION to approve the Meals on Wheels contract. SECONDED by Councilman Clark. Councilman Fox asked who the contractor was as mentioned in the contract. Mr. Farrell replied that it was either the Life Care Center or the Town because it was a two party agreement. Mayor Cutillo said the contract listed the Life Care Center as the contractor. Councilman Fox asked if the Town needed any insurance and Vice Mayor Hudson said the Town was covered. Councilwoman Tibbetts said we would be listed as an also insured on their certificate. The motion CARRIED unanimously. B.b. Mr. Nordin discussed the budget review. He explained that one of the reasons it was necessary to take our fiscal temperature was because we are a new town with no financial history, making it more difficult to estimate revenues and expenditures. He wanted to see if we had enough money to operate at the same level that we are currently operating at and make it through the rest of the Town Council Minutes 10/18/90 Page 3 of 8 fiscal year. He said the exercise would also help in future fiscal planning. Mr. Nordin said another reason was to restructure the adopted budget per the auditor's suggestion of eliminating the non -departmental category. He further stated that the bottom line of the whole budget review was that we could do it and recommended that anyone concerned about that to look at the numbers. He showed the Council new revenue estimates based on what had been received to date. He also showed them new estimates of expenditures, based on what had been spent to date, and based on a status quo operation for the rest of the fiscal year. The Town Manager clarified that the figures were based on the 1985 population. He said the exercise was a helpful tool because it showed how much money the Town has to work with outside of the funds that are being used for the current level of operation. This money could be used for future staff, etc. Mr. Nordin explained that a portion of his salary, Cassie's salary, the accountant's salary and Diana's salary was being charged against the HURF fund and that it was perfectly legal, moral and ethical to do so. He explained that doing so made more of the general fund available for other things. If the Council chose to have more of the HURF available strictly for roads, etc., those salaries could all come out of the general fund. He said it was perfectly legal for the general fund to subsidize the HURF and those numbers between the two funds could be played with all year long if desired to do so. Mr. Nordin said that included in his budget figures were provisions to support the merit pay system that the Council adopted a few weeks ago and that he would like the Council to authorize the use of $18,000 to be spent this fiscal year for the award of merit raises to employees who were deserving. Councilman Fox made a MOTION to approve the appropriation for merit increases of $18,000. SECONDED by Councilman Clark. Councilman O'Brien asked if this was something that would be re -requested as more people were hired. Mr. Nordin said he was sure this would be sufficient for this fiscal year and if approved, would not be brought up again until next year's budget. Mary Petrov asked if transportation would be addressed in the budget at this time. Mr. Nordin said the bulk of the HURF and LTAF funds would be used on streets and roads. He further stated that there were some contingencies in these funds which could be brought up as the fiscal year goes on. He reported that he is in the process of preparing a lengthy report on street paving and the issue of transportation could most effectively be addressed when he presents that report. Norman Lash asked who was eligible for merit increases and Mr. Farrell said the road employees and Paul's staff would be eligible for consideration. The motion CARRIED unanimously. AGENDA ITEM #7 - RESOLUTION 1990-30 AMENDING RESOLUTION 1990-16 TO CLARIFY WHAT THE LOCAL TRANSPORTATION ASSISTANCE FUNDS MAY BE USED FOR Mr. Nordin told the Council that the change would enable the Council to use the lottery funds for any legal, authorized purpose. The funds could be used to their full extent including cultural, educational, historical, recreational or scientific facilities or programs. He said approximately $77,000 has been received to date and the balance is expected in November and that 107. of the total could be used for the previously listed purposes. He further stated that he was also in favor of opening the door for the Council to do whatever they legally can do. Councilman Minarsich made a MOTION to adopt Resolution 1990-30 amending Resolution 1990-16. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. Town Council Minutes 10/18/90 Page 4 of 8 AGENDA ITEM #8 - REQUEST FOR FUNDS BY THE FOUNTAIN HILLS COMMUNITY THEATER %W Mr. Nordin announced that Val Stasik and Ginny Chin were present to address the Council. Ms. Stasik read the proposal that had been prepared for the Council (attached), which stated that the monies received would be used to pay the rent on storage space. Councilman Fox made a MOTION to grant the Community Theater the grant requested of $5,000. SECONDED by Councilman Minarsich. Councilman O'Brien asked if any other funds were authorized by budget or any other funds existed that could be given to this type fund. Mr. Farrell explained that the specific matching fund program that is authorized by statute under LTAF is the only statute that gives direct and specific authority to cities and towns. Any other gifts from the general fund are generally prohibited by the constitution, however, there is a long series of cases that do allow the non -matching fund contribution when the town receives, in value or services, something of value in return for their funds. Most typical of this is membership in the Chamber of Commerce, distribution of a portion of sales tax to the Chamber for advertising, or membership in the Arizona League of Cities and Towns, rental space from the school district, rental for the public library, etc. He said generally there are pretty stringent constitutional limitations on gifts using public funds. Mr. Nordin reminded the Council that funding from the LTAF required a dollar for dollar cash match from non-public money. Councilman O'Brien MADE AN AMENDMENT to the motion to limit the funds to 50Z of our available LTAF which would be $4,100. He said he felt that was only fair to other groups who may wish to apply. SECONDED by Vice Mayor Hudson who then said that this type of a program was apparently not considered to any depth at the Town Hall activity and was certainly not high on any of the priorities that the Town has for expenditures and funds. He said it was not considered by the Coucnil in their budget hearings or any other time until last Tuesday. He further said that although this $5,000 was really insignificant in the total picture, it was really road building money. even though the Council had the right to use 10% on this type of thing and it really was taking it from the project that most people in the town were concerned about. The Vice Mayor further said that this is not the time for this much of an expenditure and should be considered next year in the budget and if the Council deemed so, set aside these funds to be used for the various items that the law permits such as recreation and the other items that were mentioned. Vice Mayor Hudson then MADE AN AMENDMENT to the motion to read that the amount that the Town contributes to the request by the Community Theater group be $1,000 in lieu of the $5,000. Councilman Clark SECONDED Vice Mayor Hudson's amended motion so that he could discuss it. He said that the Vice Mayor had expressed his sentiments very strongly and that although he supported changing the resolution to allow expenditures on this type of thing, he felt very strongly that the Council needed to pave the roads out of the HURF and lottery funds before doing anything else. Councilman Clark went on to say that he felt it was a good PR gesture to allocate this 10Z for the type of thing being requested and that he would support some amount being given to the Theater. Councilman Minarsich said that he agreed that road paving was the number one or two priority in the community but that man did not live by paving alone. He further said that since $689,000 of these funds were allotted towards paving, highway administration maintenance, etc., the expenditure of $5,000 for a group like the community theater group was a good investment in the community. Mayor Cutillo said he supported the theater and felt that $5,000 was appropriate at this time. He Town Council Minutes 10/18/90 Page 5 of 8 further said he wanted the arts and humanitarian board formed that could review all these requests and bring recommendations to the Council. He also wanted it made clear that this would not be an automatic $5,000 every year. Councilman Clark stated that people who live on paved streets may feel that man does not live by paving alone but that those who live on unpaved streets want paving and that he spoke for those who want paving. Councilman O'Brien commented that even though the Community Theater was probably the Town's premier organization, he had concern that if there was a finite amount of money, there were no ground rules established as to how that money should be applied for. He was concerned that so much was being given to one group because they applied first. Councilman Minarsich replied that he did not feel it was because the Theater group had applied first, that it was more because of all they had done for the community on a volunteer basis. He said he did not feel there was any other group in the community that would qualify for these funds that had done as much for the community. Paul May said he had been in the community since 1973 and commented on how they had effectively reached out to the community. He said that the accomplishments of the group really shows that they have something and that it's our duty to support them for what they have done and will do for the community. The Council vote was as follows: On the second amended motion limiting the contribution to $1,000: Ayes 1 Vice Mayor Hudson Nays 6 The amended motion FAILED. On the first amended motion limiting the contribution to $4,100 or 50Z of the LTAF: Ayes 2 Councilmen Clark and O'Brien Nays 5 The amended motion FAILED. On the original motion to support the request of $5,000 to be given to the Community Theater, roll call vote requested: Nay Councilman O'Brien Nay Vice Mayor Hudson Nay Councilman Clark Aye Mayor Cutillo Aye Councilman Minarsich Aye Councilman Fox Aye Councilwoman Tibbetts The motion CARRIED, four votes to three. Jack Schuler asked if this funding was just for this fiscal year and the Mayor replied that it was. Town Council Minutes 10/18/90 Page 6 of 8 AGENDA ITEM #9 - ORDINANCE 90-18, ADOPTING A NEW SECTION 11-1-6 OF THE TOWN CODES CONCERNING THE CURFEW FOR MINORS Councilman Fox made a MOTION to table this as recommended in the work/study session on Tuesday in order to get a recommendation from the Mayor's Youth Council since that age group is affected and also to give it time to be publicized in the local press to have any interested party available to speak upon that at the next Council meeting. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #10 - ORDINANCE 90-17 ADDING SECTION 12-3-10 TO THE TOWN CODES TO REGULATE PUBLIC STREET RIGHT OF WAY PARKING AND ESTABLISHING AN EFFECTIVE DATE THEREOF Mr. Jeppson used the overhead to show the Council and the public the two possible alternatives. He said alternative A would prohibit any vehicle to be parked on any public street between the hours of 3:00 and 4:00 a.m., except by special permit. Alternative B would prohibit any non -motorized vehicle, trailer, construction equipment or any motorized vehicle which is primarily designed as temporary living quarters for recreational, camping or travel use from parking on a public street between the hours of 2:00 a.m. and 4:00 a.m., addressing nothing about passenger vehicles, etc. Mayor Cutillo made a MOTION to accept alternative B, ordinance 90-17, as written. SECONDED by Councilman Minarsich. Councilman O'Brien said that he thought it was an attempt and better than nothing but that he didn't think it was very logical and that he thought something better could be done. The motion CARRIED, six aye votes to one nay vote, Councilman O'Brien casting the nay vote. AGENDA ITEM #11 - CALL TO THE PUBLIC Mary Petrov asked about the work/study sessions. Pat Mahin said they had noticed that there was a used car lot on Saguaro Blvd. near the detailing lot and wondered if that was the image our town wanted to present. Mayor Cutillo advised her to speak to Mr. Jeppson after the meeting. Mr. Farrell said it was necessary to readdress agenda item #10 and set a time and effective date for the ordinance, possibly longer than the normal 30 days, to give people time to move and find appropriate storage for any vehicles that might be in violation. Councilman Fox MADE AN AMENDMENT TO THE MOTION to put a date of December 1st with the instructions to the Town Marshal and staff to prepare warning notices so they could start notifying the public that there will be a December 1st conception date. SECONDED by Councilman Minarsich. Norman Lash asked how this would be policed. Mayor Cutillo explained that it gave the ability to do something about complaints of this nature. The motion CARRIED unanimously. AGENDA ITEM #12 - ADJOURNMENT Councilman Minarsich made a MOTION to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Council adjourned at approximately 7:53 p.m. Town Council Minutes 10/18/90 Page 7 of 8 TOWN 0_77 HILL By: Joh Cutillo, ayor 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 regular meeting of the Town Council of Fountain Hills held on the 18th day of October, 1990. I further certify that the meeting was duly called and that a quorum was present. DATED this 1 N^ day of November, 1990. Cassie B. Hansen, Town Clerk Town Council Minutes 10/18/90 Page 8 of 8