HomeMy WebLinkAbout1992.0507.TCRM.Minutes LPTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
MAY 7, 1992
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, May 7, 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 Vice Mayor
Tibbetts, roll call was taken. Present for roll call were the following members
of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts
and Councilmembers Frank Clark, Mike Minarsich, Charlie Fox, Wally Hudson.
Councilman O'Brien came into the meeting at 6:50 p.m. Also present were Town
Manager Paul Nordin, Town Attorney Bill Farrell, Director of Community
Development Gary Jeppson, and Town Clerk Cassie Hansen.
Mayor Cutillo stated that there was a consent agenda and that all items listed
with an asterisk were considered to be routine, non-controversial matters and
would be enacted by one motion and roll call vote of the Council. There would
be no separate discussion of the items unless a Councilmember or member of the
public so requested, in which event the item would be removed from the Consent
Agenda and considered in its normal sequence on the agenda. Typical items on a
consent agenda are 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
.Lir been provided to and reviewed by the Council prior to the consent agenda vote.
The consent agenda items were read by Mayor Cutillo and the Council acted on
them. Mayor Cutillo made a MOTION to approve as read. SECONDED by Councilman
Minarsich and CARRIED unanimously. A roll call vote was taken and the results
were as follows:
Mayor Cutillo aye
Vice Mayor Tibbetts aye
Councilman Hudson aye
Councilman Clark aye
Councilman Minarsich aye
Councilman Fox aye
The roll call vote results were six aye to zero nay votes. Councilman O'Brien
was not present.
AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 1992-08, ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE
EASEMENTS AFFECTING ALONG THE WEST LOT LINE OF LOT 1, BLOCK 2, OF PLAT 107A
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 149 OF MAPS, PAGE 18, RECORDS OF
MARICOPA COUNTY, ARIZONA.
This item was a part of the consent agenda. Mayor Cutillo made a MOTION to
approve. SECONDED by Councilman Minarsich and CARRIED unanimously.
Minutes of the Regular Session of the Town Council 05/07/92
Page 1 of 5
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1992-09, ABANDONING WHATEVER RIGHT,
TITLE OR INTEREST IT HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE
EASEMENTS AFFECTING ALONG THE NORTH LOT LINE OF LOT 9, BLOCK 12, OF PLAT 204
FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 10, RECORDS OF
MARICOPA COUNTY, ARIZONA; EXCEPT THE WEST FORTY-FIVE FEET OF SAID EASEMENT.
This item was a part of the consent agenda. Mayor Cutillo made a MOTION to
approve. SECONDED by Councilman Minarsich and CARRIED unanimously.
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1992-11, REQUESTING THE ARIZONA
DEPARTMENT OF TRANSPORTATION TO AUTHORIZE TRANSPORTATION ASSISTANCE FUNDS
PURSUANT TO SECTION 28-2602, ARIZONA REVISED STATUTES. THIS RESOLUTION IS DONE
ON AN ANNUAL BASIS AND IS NECESSARY IN ORDER FOR THE TOWN TO RECEIVE THEIR
PORTION OF THE L.T.A.F. (LOTTERY) MONIES.
This item was a part of the consent agenda. Mayor Cutillo made a MOTION to
approve. SECONDED by Councilman Minarsich and CARRIED unanimously.
AGENDA ITEM #5 - MONTHLY REPORT BY MAGISTRATE SHOOS.
Judge Shoob distributed and explained a new report entitled the monthly case
filings. Mayor Cutillo asked how the new Deputy Marshal Taylor was doing. Judge
Shoob stated he was very effective.
AGENDA ITEM #6 - REPORT BY COUNCILMAN HUDSON ON THE WORKER'S COMPENSATION PREMIUM
DIVIDEND REALIZED BY THE TOWN BECAUSE OF ITS GOOD SAFETY RECORD FOR THE PERIOD
OF JULY 1, 1990 THROUGH JUNE 30, 1991.
Councilman Hudson briefly explained how the Workman's Compensation program
worked. He stated that last year, the amount of money that went to the League
of Cities and Towns Association was $187, 902. Councilman Hudson added that the
Association deducted $30,000 from that amount and the balance was spread among
cities and towns among the state in proportion to their premiums. He stated that
$20,000 of the retained monies went toward educational seminars for cities and
towns for safety and education training. He said that the dividend amounted to
10.3% of the premium and was based on a 20% loss ratio.
AGENDA ITEM #7 - PRESENTATION BY RUDY ROSALES, SAFETY CONSULTANT WITH THE STATE
WORKER'S COMPENSATION FUND, OF A PLAQUE TO THE TOWN FOR ITS GOOD SAFETY RECORD.
Mr. Rudy Rosales presented the Town with a safety award for the year 1990. He
commended the staff and their record. Mr. Rosales explained how the award winner
was decided upon and also his past experience. Councilman Hudson accepted the
award.
AGENDA ITEM #8 - TOWN MANAGER'S REPORT.
#8.A.1. PROJECT UPDATE (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE
ACTION) ; Consideration of changing the position of Town Marshal from a part-time
to a full-time position. Mr. Nordin stated he would answer questions from the
Council. Councilman Minarsich made a MOTION to accept the Town Manager's
recommendation of a full-time Marshal starting July 1, 1992, with a salary range
of $35,860 to $50,200. The motion was to further authorize the Manager to start
the recruitment process as soon as possible. SECONDED by Councilman Fox.
Councilman Hudson expressed that a part-time Town Marshal would be able to
complete the duties that the Manager gave at the last work/study meeting on the
Council. He added that a full-time Deputy under the Marshal would augment his
Minutes of the Regular Session of the Town Council 05/07/92
Page 2 of 5
4100, part-time status. He stated that action needed to be taken on the daily
complaint calls. Councilman Minarsich stated that the motion on the floor would
save the Town money and the current part-time situation was not sufficient time
to adequately run the department. Councilman O'Brien joined the meeting and
Mayor Cutillo briefed him on the motion on the floor. Councilman Clark asked why
the salary range was being discussed at this point. Mr. Nordin stated that there
would be no further review of it during the next budget review. Mayor Cutillo
said he was in favor of the motion because it was important to have someone
in-house full-time because calls came in at all times. He added that it was also
important to have someone who would enhance the existing program. Councilman
Clark asked how the salary range was figured. Councilman Fox stated that at the
last fiscal budget time, he had requested staff review them and make appropriate
changes. Mayor Cutillo said he did not think the part-time and the full-time
positions could be compared, nor could the type of candidates for the two
positions. Mr. Kinsey stated it seemed the role of the Marshal was very
different than that of an active Chief of Police or an aggressive law enforcement
officer. He thought it was more of a duty job and thought the type of person
hired would not have to be as qualified as a Lieutenant in a full-fledged police
department. Ms. Bollinger asked if lost revenue and increased revenue
projections had been done in comparing part-time to full-time Marshal positions.
Mr. Nordin stated that that type of comparison was not appropriate for the
Marshal's Department at that time. Councilman Fox said that had not been figured
and in certain instances, it would increase revenue. Mayor Cutillo asked Judge
Shoob how many cases had gone before the Court. Judge Shoob stated that possibly
fifteen cases had been presented. He added that the majority were not income
producing "fined" cases. Judge Shoob advocated strict enforcement of all codes
the Town had and added that there were violations that had not been addressed
that would become revenue producing. Councilman Minarsich agreed that the point
was not to obtain the revenue, but to enforce the code and clear up the
violations. Ms. Kinsey stated that if the present Marshal's part-time
performance was not adequate, there would be nothing wrong with hiring a
Lirdifferent part-time Marshal. Judge Shoob stated that he was an advocate of the
Marshal's Department and a full-time Marshal. He said the Court relied on that
Department for Court security as well as collections and process service. Judge
Shoob added that the full-time person should not be an inactive or retired
officer, but someone who was active in law enforcement and A.L.E.O.A.C. certified
so that he would deal with his certified officers on the same level. Motion
CARRIED with a vote of five aye to two nay votes. Councilmen Hudson and Clark
cast the nay votes.
AGENDA ITEM #9 - PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 92-02, AMENDING
ARTICLE XX, SECTION 20.2, OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,
ARIZONA. THIS TEXT CHANGE ALLOWS GREATER FLEXIBILITY TO USES IN A C-3 ZONING
DISTRICT.
Mayor Cutillo opened the Public Hearing at 7:23 p.m. and turned the hearing over
to Mr. Jeppson. He introduced the topic for consideration and gave the history
of the case. Mr. Jeppson said the Town's Legal Counsel had stated, after
reviewing the case, that it would be appropriate for appeals of zoning changes
to be presented to the Board of Adjustment rather than the Planning and Zoning
Commission. Mayor Cutillo called for comment from the public. There was no
discussion. Mayor Cutillo closed the Hearing at 7:27 p.m. Mayor Cutillo stated
that the Council changed the wording because they were opposed to the Community
Development Director be the sole judge of C-3 zoning decisions. He read the
verbiage that was his preference. Vice Mayor Tibbetts stated she would prefer
to add machine shops to the list of allowed uses. Councilman O'Brien read that
there were no zoning use changes permitted to be made in the code. Councilman
Clark said he felt the issue should be looked at more thoroughly and until that
time, he chose option one. Mayor Cutillo disagreed, stating that if someone came
in with a proposed use that the Community Development Director agreed with, it
LMinutes of the Regular Session of the Town Council 05/07/92
Page 3 of 5
could be approved and there would be no recourse. Vice Mayor Tibbetts asked Mr.
*irs)
Farrell how other cities handled those matters and he replied that the two
communities he was most familiar with handled it through the Planning and Zoning
Director. Councilman O'Brien supported Vice Mayor Tibbetts' choice of option
two, but really did not like any of them. Councilman Minarsich stated that he
agreed with Mayor Cutillo in preferring option three. Mayor Cutillo made a
MOTION that Ordinance 92-02, amending Article 20, Section 20.2, of the Zoning
Ordinance for the Town of Fountain Hills with the inclusion of the line in
Section 2.22 that states that because no list of uses can be complete,
interpretations of unspecified uses will be rendered by a majority of the
Community Development Director, Chairman of the Planning and Zoning Commission,
and Chairman of the Board of Adjustments. SECONDED by Councilman Minarsich. Mr.
Putterman commented that in a community such as Fountain Hills, the need for a
speedy decision is sometimes crucial and if an appeal process was necessary, the
time constraints would send them elsewhere. He asked what criteria the Board of
Adjustment used in reviewing an appeal. Mr. Farrell stated it would be heard as
in any proceeding and a decision would be made based on the facts presented. Mr.
Woodley asked where the location of the subject property was and Mayor Cutillo
replied that it was in the Enterprise and Colony Drive area. Mr. Bodie stated
he owned the machine shop in question and stated that he did not recommend
changing the uses in C-3 for machine shops because some were large, noisy, and
dirty and should be reviewed on an individual basis. Motion CARRIED. Mayor
Cutillo requested a roll call vote, the results were:
Councilman Fox aye
Councilman Minarsich aye
Mayor Cutillo aye
Councilman Hudson aye
Vice Mayor Tibbetts nay
Councilman Clark nay
Councilman O'Brien nay
The motion carried with a four aye to three nay vote.
AGENDA ITEM #10 - CALL TO THE PUBLIC.
Mayor Cutillo made the call to the public. Ms. Bollinger stated she felt the
Council was moving too fast on some of the issues before them and referred to the
Marshal issue. She asked how the public could get more time to review issues.
Mayor Cutillo stated that it had not been a pushed through item and had been
discussed at four meetings.
AGENDA ITEM #11 - PURSUANT TO A.R.S. 38-431.03.A.4. AND 38-431.03.A.3, FOR
DISCUSSION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS
POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN
PENDING OR CONTEMPLATED LITIGATION, AND FOR LEGAL ADVICE WITH THE ATTORNEY OR
ATTORNEYS OF THE PUBLIC BODY, RESPECTIVELY.
Councilman Minarsich made a MOTION to go into executive session after a short
recess at 7:55 p.m. SECONDED by Councilman Fox and CARRIED unanimously. The
Town Council went into executive session at approximately 8:00 p.m.
AGENDA ITEM #12 - RETURN TO REGULAR SESSION AND ADJOURNMENT.
The Town Council returned to regular session at 9:48 p.m. Councilman Hudson made
a MOTION to adjourn. SECONDED by Councilman Fox and CARRIED unanimously. The
Town Council adjourned at approximately 9:49 p.m.
Minutes of the Regular Session of the Town Council 05/07/92
Page 4 of 5
TOWN OE FO AIN LLS
By: -2__1 z
Jarhn . Cutillo,1Ma o
ATTEST: \
Cassie B. Hans n% Town Clerk
PREPARED BY: ('1b (/
Lari L. Bratcher, Secretary
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
7th day of May 1992. I further certify that the meeting was duly called and
that a quorum was present.
DATED this et)--) t day of May 1992.
0/11..11/1 ) 45 - 41....44.44.-Aj
Cassie B. Hansen, Town Clerk
L
,. Minutes of the Regular Session of the Town Council 05/07/92
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