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HomeMy WebLinkAbout1993.0107.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 7, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, January 7, 1993, 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 Councilwoman Tibbetts, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Charlie Fox, and Councilmembers, Bill O'Brien, Peg Tibbetts, Wally Hudson, and Frank Clark. Councilman Mike Minarsich arrived at 6:33 p.m. Also present were Town Manager Paul Nordin, Community Development Director Gary Jeppson, Town Engineer Randy Harrel, Town Attorney Bill Farrell, Town Marshal Steve Gendler, Town Clerk Cassie Hansen, and Administrative Assistant Marcia Jewett. Mayor Cutillo said that all items listed with an asterisk (*) were considered to be routine, non -controversial matters and would be enacted by one motion and one roll call vote of the Council. There would be no separate discussion of those items unless a Councilmember or member of the public so requested If a Councilmember or member of the public wished to discuss an item on the consent agenda, they could request so prior to the motion to accept the consent agenda. The item would be removed from the Consent Agenda and considered in its normal sequence on the agenda. Typical items on the consent agenda include minutes, 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 been provided to and reviewed by the Council prior to the consent agenda vote. Items on the consent agenda were: AGENDA ITEM #2. - ACCEPTANCE OF THE MEETING MINUTES OF DECEMBER 3RD, 1992. AGENDA ITEM #3. - CONSIDERATION OF RESOLUTION 1993-01, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE REAR LOT LINE OF LOT 41, BLOCK 1, OF PLAT 506-C FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159 OF MAPS, PAGE 31, RECORDS OF MARICOPA COUNTY, ARIZONA; AND DECLARING AN EMERGENCY. AGENDA ITEM #4. - CONSIDERATION OF RESOLUTION 1993-02, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE REAR LOT LINE OF LOT 47, BLOCK 2, OF PLAT 505-D FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA; AND DECLARING AN EMERGENCY. Minutes of the Regular Session of the Town Council 01/07/93 Page 1 of 9 , AGENDA ITEM #5. CONSIDERATION OF RESOLUTION 1993-03, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE EAST LOT LINE OF LOT 29, BLOCK 2, OF PLAT 505-D FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM A. - CONSIDERATION OF RESOLUTION 1993-04, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE REAR LOT LINE OF LOT 4. BOCK 4, OF PLAT 401-A FOUNTAIN BKLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 11, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM #7. - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION OF MAX C. BROWN FOR BOWS PLACE. APPROVAL OF THIS APPLICATION WOULD TRANSFER THE LIQUOR LICENSE FROM THE FORMER OWNER, GARY HEIZENDRADER, TO THE NEW OWNERS, MAX AND PATRICIA BROWN. Councilman Hudson MOVED approval of the consent agenda. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. A roll call vote was taken and the results were as follows: Councilwoman Tibbetts aye Councilman Minarsich aye Councilman Clark aye Councilman Hudson aye Councilman O'Brien aye Vice Mayor Fox aye Mayor Cutillo aye The roll call vote results were seven (7) aye to zero (0) nay votes. AGENDA ITEM #8. - MANAGER'S REPORT A.A.I. Project Update (with possible direction from the Council for appropriate action). Selection of a consultant for the Chaparral City Water Co. acquisition feasibility study. Mr. Nordin said he felt confident with the selection that he, Mr. Harrel, and Mr. Farrell had made. A form contract had been approved by the City Attorney and was before the Council. The most specific application to the project were the exhibits. It was being recommended to the Council to approve NBS\Lowry Engineers as the consultants for the water company acquisition study. Mayor Cutillo MOVED to accept the recommendation and approve the consultant contract with NBSEowry Engineers as stated. SECONDED by Councilman Minarsich and CARRIED unanimously. #8.B.1. Discuss and possibly act upon the consideration of final plat S92-04, the Glenview Subdivision Mr. Jeppson presented the final plat for the proposed Glenview Subdivision, located on 14.02 acres southwest of the intersection of Bainbridge Avenue and Hampstead Drive (east of Christ's Church and north of the high school). The developer proposed to plat 47 lots in a recreational area. The subdivision was much like the character of the Glenbrook Subdivision. The Planning and Zoning Commission had reviewed the final plat and made a number of recommendations and changes. There were still a number of items with the improvement plans needed from the developers engineer and staff recommended authorization for the Mayor to sign the final plat when the improvement plan and stipulations for final plat approval were complete. Councilman O'Brien asked if more than the limit of 15 Minutes of the Regular Session of the Town Council 01/07/93 Page 2 of 9 lots would require a second access and constitute a cul-de-sac. Mr. Jeppson said at one time it had been recommended to have a second access. After review, the Engineering Department felt satisfied with the single access because of difficulty gaining a second access at that elevation. There were no plans for a second access and no future anticipation of linking any more residential developments. Councilwoman Tibbetts asked if the access problem had been reviewed with Rural Metro and the Marshal. Mr. Jeppson said it had. Councilman Hudson said this was the first time he had seen a 10 foot pedestrian access on a plat. Mr. Jeppson said there would be a meandering sidewalk along Bainbridge going into the right-of-way and onto the property. Mayor Cutillo asked the size of the sidewalk and wanted to know if the Town was expected to maintain the landscaping. Mr. Jeppson said it would be an eight (8) foot wide meandering sidewalk and the Town would be expected to maintain the landscaping. Vice Mayor Fox asked who recommended the sidewalk and landscaping. Mr. Jeppson said it was a staff recommendation adopted by the Planning and Zoning Commission to recommend to the Council. Vice Mayor Fox asked if Planning and Zoning went to the developer and Mr. Jeppson said they had. Councilman Minarsich asked what kind of money would be required. Mr. Jeppson said there had not been a cost analysis as to the maintenance of that sidewalk. Councilman Minarsich said it was all desert vegetation not requiring irrigation. Mr. Jeppson said it was not anticipated to put in any grass landscaping but rather it would be native plants much like the Glenview area Councilman Minarsich felt it made a great deal of sense, that the maintenance cost would be minimal and the benefits would far outweigh the cost. Councilman Clark asked if there would be any irrigation and Mr. Jeppson said he did not have the landscaping plans but believed there might be a possibility of a drip system to establish the vegetation. Councilwoman Tibbetts asked if the ownership status of the whole project had been clarified Mr. Jeppson had been told that MCO was the owner of the property and would be until at least after final plat. Mayor Cutillo asked if a precedent was being set causing other areas to deed property to the Town. Mr. Jeppson said it was a possibility but that acceptance would be on an individual basis. Councilman O'Brien said he did not receive Attachment A from the Town Engineer regarding the access. Mr. Harrel said in the early stages of the process a letter was written dropping the request for a second access because it was not possible on the site. The only place it would make sense would be at the far west end connecting into Bainbridge where there was a 25 to 30 foot high cliff. Councilman O'Brien said that was why he was concerned there was not a second access. Mr. Harrel said Christ Church had planned to put their future sanctuary in that area so he didn't look favorably on a second access. Councilman O'Brien understood the access was partly a safety issue. Mr. Harrel said the safety issues were addressed and Rural Metro was satisfied that the entrance at the median to the east of the subdivision was adequate access for fire protection. Another concern was the utilities and that concern was adequately addressed in the subdivision code. The language was not mandatory but was suggested. It was not something that would set a precedent. Mayor Cutillo asked what criteria or reasoning the Planning and Zoning Commission used to recommend dedication of that land to the Town to maintain. Mr. Jeppson said the reason was the sidewalk was not accessible to the residents of the subdivision unless they were to slide down the hillside or go out around. There was a greater benefit to the residents and the entire community to perimeter the block with Golden Eagle Park and the Junior High School. Mayor Cutillo asked if there could be some stipulations that the landscaping be completely and solely without irrigation. Mr. Jeppson said there was that possibility. Vice Mayor Fox said right across the street was the Glenbrook subdivision and their landscaping between the curb and the wall was desert. His understanding was that it was a sister project and the landscaping would be matched. Mayor Cutillo said the Town was not responsible to maintain that landscaping and he didn't want the Town responsible for watering all of the landscaped areas in the community. He would recommend that stipulation be included in the approval of this. Councilman Minarsich said he didn't have a problem with that but wanted to stress what had been a concern for some time. There was not only a Junior/Senior High School but also an Elementary School in the area and that this was an extremely dangerous street where sidewalks were needed now. Mayor Cutillo said he didn't have a problem with the sidewalk, his concern was the expense of the maintenance. Councilman Hudson asked what the width of the sidewalk would be. Mr. Jeppson said it was eight (8) feet and Councilman Hudson said there was only two (2) feet in question. Mr. Jeppson said there would be a meandering sidewalk that would go in and out of what was now the present right-of-way. Councilman Clark compared it to the Via Linda type sidewalk and his concern was with the drip system. Councilman Minarsich said Minutes of the Regular Session of the Town Council 01/07/93 Page 3 of 9 the Glenbrook subdivision had a drip system but it was put in specifically to start the vegetation and was no longer used. Mr. Jeppson said it would take about two (2) years to establish the vegetation and then the drip system would be turned off. Councilman Clark said at that time the Town would take it over. Councilman Minarsich said the Town would only have the expense of watering until the vegetation was mature enough to withstand by itself. Councilman Clark said it had been the case with other rights -of -way that had irrigation and some, to his knowledge, still hadn't been turned over. Councilman Hudson MOVED the approval of Glenview final plat subject to the stipulations of the Community Development plat. SECONDED by Councilman Minarsich. Mayor Cutillo made a motion to AMEND to include that the Town delay accepting the dedication of the sidewalk and landscaped area until such time as the vegetation had been properly established. SECONDED by Councilman Clark. Councilman Hudson said in Fountain Hills there would eventually be numerous sidewalks and vegetation to maintain the status and beauty the Town wanted and he felt that was a minor thing. Mayor Cutillo said that's what he was trying to avoid. If the Town started with this one there would be more. Councilman Hudson stated it was the same thing as saying the Town needed bike paths, if the Town agreed with one, people would want more. Councilman Hudson felt that this could be accomplished because it would be minimal and for a short period of time. Mayor Cutillo said it was very minimal but gave the following example: Fountainhead or Lakeside Village could decide to dedicate their property to the Town. That would be an extensive bit of landscaping. Councilman Minarsich echoed Councilman Hudson's statements saying he felt it should be looked at from a long term standpoint and the community's desire in terms of future development. It had been his experience that people were very happy and satisfied with the Glenbrook subdivision sidewalks. He agreed there would probably be more and as in other communities, the Town would be responsible for maintenance. He also felt the cost would be minimal and short term and he disagreed with the Mayor. Vice Mayor Fox said his concern was how much the cost would really be over a couple of years. His recollection was that it had been the Town's, Commissions, and the Councils rule to request the developer put in the eight (8) foot wide meandering sidewalk at an additional expense and they would be willing to do that as long as they dedicate it, do the landscaping and pay that cost. The minimal cost and the few gallons of water a month would be something the Town should take on. Mayor Cutillo reiterated he was not debating the cost of the project, his concern was the precedent that would be set. Councilman Minarsich said it would be a case -by -case basis. Mayor Cutillo said there would be a weaker argument each time a case was brought forward. Councilwoman Tibbetts felt this particular sidewalk was situated in a place where the Town certainly had more basic responsibility and interest than in just a normal subdivision sidewalk. This would be the main pedestrian and bike access to the schools and the park and it would be the only safe way to do it. She would be in favor of putting some of the citizens money into a project with that kind of location. Mayor Cutillo said he didn't want to provide a precedent of watering all of the median landscaped areas in the community. There were landscaped areas that belonged to other subdivisions. He did not object to the sidewalk but the maintenance of providing water beyond the needed time. Councilman Clark asked what would be wrong with delaying the acceptance of the right-of- way when the growth was established. It had nothing to do with the completion of the project, or the fact that the Town could take over the property eventually. Mayor Cutillo said something similar had been done with the roads. Councilman Clark said the developer built the roads and the Town deferred the acceptance of the road until a seal was put on. It could be stated that the developer would put in the landscaping and when the growth was established the Town would take it over. Councilman Minarsich agreed with what Mayor Cutillo said as far as not wanting this done all over Town but he also felt very strongly that this would be a case -by -case basis and was not concerned about setting a precedent. Councilwoman Tibbetts pointed out that this particular location was unique to the community, Golden Eagle Park, the Junior/Senior High School, and the elementary school would all need access to the road as a bikeway and walkway. The developer, at the Town's request, was already paying for the paving, putting in the sidewalk and landscaping. All the Town was being asked to do was maintain the landscaping which made sense in this case. Mr. Jeppson said if the discussion was on the type of landscaping and cost to maintain it the developer should not put something in the Town would not be willing to have there. He suggested having a landscape plan presented showing a low maintenance type landscaping that would not require a lot of watering, mowing and trimming. Councilwoman Tibbetts asked for comment from Mr. Farrell regarding precedent. Mr. Farrell said precedent was when the highest court in the land issued a rule of law of when the Council would pass an ordinance, resolution, or Minutes of the Regular Session of the Town Council 01/07/93 Page 4 of 9 . written policy that would establish the precedent. A motion to do that on a temporary basis would not be the basis for which another developer could bring suit on a different project but the delineation as to why it would be done for one and not for another. Mr. Ray Baldwin MCO Properties, said he felt there were some practicalities that had fallen apart. This was an eight (8) foot sidewalk in a total area of 19 feet long, nine (9) feet behind the curb of the existing right-of-way line and the 10 foot additional dedicated right-of-way for the sidewalk. If it was meandering, the largest area that would be landscaped would be 11 feet. If a tree were planted there in a period of time the tree would get large enough that it would go into the traffic on one side and would hit the bicyclers on the other side. Any landscaping would have to be a small shrub. With regard to the amendment to the motion there was a concern the sidewalk really was not for the people within Glenview because it had all internal sidewalks. Rather the sidewalk was for the community. His concern was the delay of the sidewalk and the liability reflected on the Homeowners Association of the 46 lots. The liability would fall on the developer or association if something occurred on that sidewalk. He hoped the Town would accept dedication of the sidewalk once the landscaping was put in and approved by the town staff, maintained over a period of two to three years and then weaned off the watering system. His main concern was the acceptance of the sidewalk when it was completed because of the liability problem. The landscape problem could be worked out by possibly hooking it up with the existing system with the rest of the disturbed hillside. Mayor Cutillo made a second AMENDMENT that would include the Town having the right to approve the landscaping and that landscaping be such that would not require longer than a two (2) to three (3) year period of drip system or irrigation. SECONDED by Councilman Clark. Mr. Jeppson asked Mayor Cutillo to clarify if that was Town Council or town staff and Mayor Cutillo said town staff. Mr. Nordin asked Mayor Cutillo if he intended to use that amendment to replace the first amendment. Mayor Cutillo said no, the first amendment was still in place, this was an amendment to that and Mayor Cutillo clarified there had been a motion and a second. Councilman Minarsich asked if those two amendments conflicted. Mayor Cutillo said they did not. Councilman Minarsich said he was clear on the second amendment that the Town would take dedication and water it for two (2) to three (3) years. Mayor Cutillo concurred and said he didn't think there was a conflict. The first amendment said we would accept the plan as recommended with the stipulation the dedication not take place until after the landscaping had been established. Councilman Clark said he would withdraw his second so the motion could be reworded. Councilman Clark WITHDREW on both amendments. Mayor Cutillo RESTATED the amendment to accept the plan as presented with the stipulation to accept the dedication so long as the staff had the approval of the landscaping and that landscaping did not include vegetation that required longer than two (2) or three (3) years of irrigation. Councilman Clark SECONDED. Councilman Hudson said that was just what was voted on except some control over vegetation was added. Mayor Cutillo asked for further discussion from Council. There was none. He then asked for discussion from the public. Mary Petrov El Pueblo Blvd., said replacing plants that die should be considered because that would be another cost factor and would that be another stipulation and amendment. Doris Dugger suggested to use decorative rock, that trees and flowers weren't necessary. Tom Knapp from the Rural Metro Fire Department wanted to clarify the second access. The Fire Department was concerned about that however, due to the current codes and stipulations there was nothing that could be done with the situation. Rural Metro worked with the Town staff and it had been addressed. Mayor Cutillo reminded everyone that the amendment to accept the landscaping was the topic still being discussed and asked for further discussion. There was none. A vote was taken and the amended motion CARRIED unanimously. Mayor Cutillo said the motion to accept the subdivision was still being discussed as presented by staff with staff stipulations and there had been a second. A vote was taken and CARRIED unanimously. Minutes of the Regular Session of the Town Council 01/07/93 Page 5 of 9 , 8.B.2. - CONSIDERATION OF DIRECTING STAFF TO DRAFT ORDINANCE 93-01 AMENDING THE TOWN CODE BY PROVIDING FOR THE MANNER OF EXERCISING THE POWER FOR THE INITIATIVE AND REFERENDUM. Ms Hansen said the Council needed to address the option to leave the Code as it currently read where any initiative and referendum election would be held at the next primary or general election or call a special election. The rest of the changes had already been put in place by the legislature and it was just a matter of changing the Town Code to comply. The changes basically applied to how the arguments were placed on the publicity pamphlets and the amount of days the pamphlets had to be out before the election. Direction was needed from the Council on how to handle the question whether or not to call special elections and the staff would then put together an ordinance. Mr. Nordin said staff was not asking for approval but rather direction from the Council. Councilman Clark wanted to verify this was to coincide with the most recent approved legislation that had been approved by the Justice Department. Ms Hansen said it was just recently approved. Councilman Hudson would prefer not to allow Council to set a special election. Councilman Minarsich agreed Councilman Hudson said it should be left as the Code now reads. Mr. Farrell said there was a provision in the code now, as other cities and towns had, that on initiative and referendum petitions filed, the election covering the initiative and referendum may only be held at the next primary or general election, whichever occurs first. The cities and towns had asked the legislature to give them the authority to change their town codes to also provide for a special election. Councilman O'Brien said although he hoped there wouldn't be any he was in favor of the ability to have them and he could foresee issues coming up that might require a special election. Mr. Nordin asked for more direction from the Council. Vice Mayor Fox asked for an example of where it would be a benefit to hold a special election rather than wait a year and a half. Mr. Farrell said on an initiative matter it would not be of any benefit because if there was a citizens initiative four (4) or more of the Council supported an ordinance it could be enacted, an election would not be required to put it onto the books. With a referendum it would be required to wait until the even -year bi-annual elections which are March and May of even numbered years. If something were filed one (1) week after a general election, there would be a wait of almost a year and 10 months before that matter could be referred to the people. Councilman Minarsich wanted to know the time frame and how quickly an election could be called. Mr. Farrell said 120 days although the old election laws allowed 60 days; recent amendments called for 120 and the legislature had never clearly balanced those. Certain types of bond elections and other special elections could be called on 60 day notice; the more conservative and practical approach was 120 day notice for a special election. Councilman Minarsich agreed with Councilman Hudson to leave it the way it was because of the potential for abuse, elections cost a lot of money, there were a lot of divisive issues in the community along with referendums and initiatives and he didn't want to see the Council calling for a referendum once every six (6) months. He felt that a referendum was something that should be carefully thought out and decided upon by the people. This time frame allowed that to happen and allowed for the information necessary to communicate the message of the referendum to the people. Councilwoman Tibbetts was also in favor of retaining the present ordinance. Mr. Farrell said the change could be considered at any regularly scheduled Council meeting for the purposes of amending. Mayor Cutillo asked Mr. Fan -ell if the ability to hold a special election were taken, would that mean there would have to be one. Mr. Farrell said that was correct and it would be written in such a manner that it would be optional and it would take four (4) votes of the Council. He clarified that right now there was no authority in the code to call a special election for initiative or referendum but special elections could be called for bond issues, fire district, sanitary district, etc. The change was designed specifically for initiative and referendum to give communities that wish to have a special election, that authority and primarily designed for non -charter cities. General law cities and towns did not have that power until the recent legislation was approved and anytime a general voting requirement in the election laws was presented it had to be submitted to the Justice Department for their approval before that change would be implemented Councilman Clark asked what the surrounding cities were doing. Mr. Farrell said it was a matter of local preference because on a state wide initiative or state wide referendum in major cities and towns it encompassed an extremely large number of voters. In small communities the number would be so insignificant that it could become a very divisive matter. The policy would determine what type of voter turnout there would be and how easy or difficult it would be to start or complete a referendum or initiative process. Councilman O'Brien said it was written with permissive not mandatory language. He felt there should be an option to be more flexible and should be done now instead of the next time there was a Minutes of the Regular Session of the Town Council 01/07/93 Page 6 of 9 referendum. Mr. Farrell said if the code amendment was passed at the next council meeting and subsequently a referendum petition with enough valid signatures were presented, it would not be necessary to wait until March, 1994. If would take four (4) members of the Council to hold a special election. If four (4) members of the Council decided to say no then it would have to wait until the ensuing primaries or if it would fall in the gap where the primary would be too close then it would be held at the general election. Councilman Minarsich said that would create a political situation which the Council would have control over based upon their politics and he disagreed with that because that would be too much power for the Council. This was a process of the people and that was how it was set up. Mayor Cutillo said it wouldn't be possible to just have a motion because there is 120 day wait anyway which would give plenty of time for the people to be notified. He agreed with Councilman O'Brien that if the Council had the option and it took four (4) councilmembers to deliver the election why not take advantage of it. Councilman Minarsich said they weren't tieing their hands because this could be adopted at anytime by the Council. Vice Mayor Fox said the initiative and referendum was the avenue for the public to exercise its will and the statute stated how that should be done. If it was stated in the code that the Council could hold a special election, the issue would be turned not only to the public but it could now be a divisive issue with the community pressuring Council to hold elections. The public should be given the opportunity to express itself. He felt the referendum and initiative issue should stay in the hands of the public. Mayor Cutillo said what Vice Mayor Fox just stated was the opposite of what actually was true. He said if the people took out a referendum and obtained the signatures required, that would mean they wanted an election and didn't want to wait a year and a half. Vice Mayor Fox said that would give the people time to think it out. Councilman Minarsich said the problem with what Mayor Cutillo said was that some of the people would want the election right away and some would want it in two (2) years, people would be lobbying all the time and it should be the power of the people. Mayor Cutillo made a MOTION to go for the opportunity to have the Council call for a special election. SECONDED by Councilman O'Brien. A roll call vote was taken and the results were as follows: Councilman Clark aye Councilman O'Brien aye Mayor Cutillo aye Councilman Minarsich nay Councilwoman Tibbetts nay Vice Mayor Fox nay Councilman Hudson nay The roll call vote results were three (3) aye to four (4) nay votes. The motion FAILED for lack of majority. 8.11.3. PRESENTATION BY PAUL NORDIN OF THE PERSONNEL STUDY WITH REGARDS TO ENGINEERING SUPPORT FOR THE COMMUNITY DEVELOPMENT DEPARTMENT. Mr. Nordin gave a transparency presentation and said there were a number of issues that had been examined. Knowing that the Engineering Department, with a total of four (4) individuals, would be completing work on the street paving project soon it was asked when and how much time would be available from Mr. Harrel's staff. It was determined in the hourly staff computations and projected during the last half of this calendar year that staff would have approximately 624 hours of additional time available. There would be a deficit of available hours in the first six (6) months of the calendar year and those hours would be made up by either staff working overtime or working on various efficiency improvements. The projects the Engineering Department had taken on in addition to the street paving project was of such magnitude it would take up much time during the first half of the calendar year. The Community Development Department had been extremely busy and it was necessary to get a handle on how much the demand on that department had increased. In 1991 there were 167 new dwelling unit permits issued. Calendar year 1992 showed a substantial increase particularly in the number of new homes that had been permitted for construction. It had previously been reported to the Council that there were a total of 229 new home permits issued. An end of the year update was done and there were actually 235 which brought the total number of permits to 411. Minutes of the Regular Session of the Town Council 01/07/93 Page 7 of 9 Therefore there continued to be a substantial increase of activity in the Community Development Department. The amount of building permit fees, rezoning and subdivision fees were then looked at and it was found that for the first half of this fiscal year $196,229 had been received. The original budget was $350,000 and the projections were now $395,000. Mr. Nordin then went over the recommendations in the report. First, it was recommended that the Willdan contract be terminated as of July 1 but that because of the projects the Engineering Department had to complete in the next six months, it be maintained through July 30. In March 1993 there would be a transition period when the Engineering staff would begin to take over Willdan's duties. Amounts of approximately $10,000 should be placed in the 1993-1994 budget to be used only if the Engineering Department required extra help on a temporary basis. If Sunridge Canyon came about, the Council might see a recommendation from staff, in order to move the Los Altos Hills project along, to allow another engineering firm be hired and the developer would pay the costs of having that engineering firm perform all necessary client checks, etc. That was not a recommendation, just a direction that was being considered. Second, the present staffing levels in the Engineering Department were appropriate and should be maintained. Because of the funds that would not be spent on the Willdan contract, the extra money expected to come through on the building permit fees, there would be sufficient revenue to fund the Engineering Departmental positions. Therefore the Engineering Inspector position should become a permanent position. Mr. Jeppson had effectively presented requests and desires for a long-term planner. Mr. Nordin said he did not feel comfortable financially to hire another permanent staff member to take care of that responsibility. He felt it would be more fiscally prudent to budget $450,000 in building permit revenues in 1993-1994 (this figure anticipated another $50,000 worth of building permit fee growth), but not spend that additional $50,000 until it looked like it would come in. Mr. Nordin proposed to go ahead with the $450,000 budgetary amount but look at it again in the middle of next fiscal year, address the issue at that time and possibly define a long term planning task to examine or hire temporary staff to allow some low-level tasks be performed to relieve some load from Mr. Jeppson and Ms Rausch so they could perform more long -tern planning. Councilman O'Brien asked for clarification on the fourth recommendation. Mr. Nordin said the reports showed the need for that position but now it needed to be determined if that position could be funded. That was possible under the present revenue structure. Mr. Jeppson's greatest need at this point to speed up and streamline his process was the engineering work that Willdan was performing. Willdan was a two (2) to three (3) day a week contract. In the case where Mr. Harrel's department took over, that would be a five (5) day a week availability which would provide additional help that Mr. Jeppson's department needed. It would be very appropriate to house the engineering review functions that needed to be performed with Mr. Harrel's department. Councilman Minarsich agreed with Mr. Nordin that this was one of the most difficult areas to predict. Mr. Harrel was hired with the idea of rolling him over to take over the other engineering duties that would be necessary in order to get rid of the contract position and he supported the recommendation. Councilman Minarsich wanted to see this process shortened and not get into the log jam situation. Mr. Nordin said the only item that would need Council action would be the engineering technician position which would become a permanent position and that could be dealt with at budget time. Councilman Clark said he felt it would be better to defer making it permanent until some period, 30, 60, 90 days after he had been in the position. AGENDA ITEM #9. - CALL TO THE PUBLIC (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROVIDED BY THE ARIZONA OPEN MEETING LAW.) Mayor Cutillo made the call the public. Donna Bayo, N. Kings Way, said after the school board meeting the previous evening at the school administration building, there was no posted notice that the Council meeting was going to be held. She had checked again today and there was still no posted notice. She thought the Council meeting had been cancelled even though the newspaper said it would be held. She checked at the Town Hall and was shown an affidavit that the notice had been posted at the school administration building. She was told, and she felt it was true, that it could have been removed by students or anyone in that building. Her concern was the Minutes of the Regular Session of the Town Council 01/07/93 Page 8 of 9 inadequate security of legal posting of the Town Council meetings. Because of that it would be conceivable that some of the meetings could be illegal because the postings were not maintained. She felt posting areas should be secured. AGENDA ITEM #10. - ADJOURNMENT. Mayor Cutillo called for a motion to adjourn. Councilman Minarsich made a MOTION to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 7:52 p.m. TOWN OF FOUNTAIN HILLS By: ATTEST: d Cassie B. Hansen, Town Clerk PREPARED BY: Marcia M. Jewett, Admin. Assist. 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 January 1993. 1 further certify that the meeting was duly called and that a quorum was present. Fe.brWa ry DATED this ti+h day of Jay 19y3. Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 01/07/93 Page 9 of 9 ,