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HomeMy WebLinkAbout1990.0426.TCSM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL THURSDAY, APRIL 26, 1990 A public work/study session of the Fountain Hills Town Council was convened and called to order by ^a-vor John Cutillo at approyimately 6:31 p.m., Thursday, April 26, 1990 in the Fountain Hills School administration Building located at 14605 N. Del Cambre Ave., Fountain Hills, Arizona. Present for the work study- session were Mavor John Cutillo, Vice Mayor Mike Minarsich and Counci.lmembers Marti Lemieux, Dick Haugen, Joe Bill and Charlie Fox. Absent was Councilman Barber. Also present were Town attorney Bill Farrell., Town Manager Mike McNulty and Town Clerk Cassie Hansen. AGENDA ITEM #2 - SUBCOMMITTEE REPORTS CABLE Committee chair Dennis Contino said the committee has finished the rough draft of the cable ordinance and is waiting to meet with the attorney to work out a few parn.-raphs. He said they would Like the counci.l's comments and suggestions before the committee met with the attorney. He said he didn't feel that there would be too many changes but they wanted to clear everything with the attorney. He also said they would have to start the RFP right away because Jule 1st was the time schedule they were lookin;-, at and there was always the risk that Dimension would ,jerk their license the first. He further said that they wanted to come to the council regarding retaining the consultant, an extension on a flat fee basis to get everything done. Bill Farrell said he felt that the council needed to take 5ome time with the ordinance so then would be comfortable with the RFP process. He said it was time for the committee to hear from the council. He further said that it takes about 30 days for bidders to respond and then 30 days for the council to review. Mr. Farrell stated that there was no reason to believe that the present provider was preparing to pull out at their contracts end and that the council should take their time and do it right. Mayor Cutillo suggested that the council and committee have a meeting next week and Mr. Contino requested that the attorney be pre_,.ent. CITIZEN PLANNING - PARKS & REC Chair person Mike Scharnow referred to his letter to the council (attached) which outlined some of the programs then would like to implement. He said they were Also putting together a budget: that they would Iike to submit to the finance committee to have included in next year's budget. FINANCE & BANKING Chairman Fccs- reported that thev were in the last stages of coming up with a rough draft budget for the 1990-91 fiscal year and that he expects to be able to review it with the council sometime in MI:jv. He said they were .just finishing up the highway- department. He said they- also wanted to break the budget out into accounts. Mayor Cutillo reported that he had attended a MAG meeting and that Town Council Yinutes 4i26i90 pale 1 of 8 Jack DeBolske indicated that the Ht1RF funds and revenue sharing wouli probably stay intact but not to let up on the pressure on the legislators. He :also said that MAG was against the county incarceration fee of $38.90 per prisoner and that they were looking into establishing their own central jail system for all cities and towns. He said the county is trying to get all cities and towns to sign a contract for this service and that this would mean an amount would have to be included in the budget for this charge:. INTERGOVERNMENTAL Chair Bill said he had no report. FFICE & PROPERTY Chair Minarsich said they were in the process of finalizing the lease agreement with NCO for the town offices. Mr. Farrell said he would have his review and changes done by tomorrow afternoon. The Vice Mayor reported that MCO would then begin the permit process, remodeling would start and be finished by June 1. Mr. McNulty stated that bids for repairs to the old library building would be opened at 3:00 p.m. tomorrow and presented to the council at their next meeting for award. Councilman Fox asked to call a special meeting early next week to award the contract so the repairs could begin and it was suggested that it be put on the agenda for the 7:00 a.m. breakfast meeting. Vice Mayor Minarsich also reported the Civic Association was working on a proposal for a lease agreement with the town to handle the Community Center. Mr. McNulty reported that the deeds to the property had been recorded and the town now owned the property. He said he had met with 2 members of the Civic; Association regarding their recommendations for this agreement and that this would soon be presented to the council. PERSONNEL Chair Bill reported that this committee has nearly completed their initial charge of identifying the initial positions and associated salary ranges, coordinated the recruitment of the town manager. proposed the boards and commissions for the town and started getting into the benefits. He said the new town manager has a fair amount of expertise with developing benefits plans so the committee wants to wort: with Paul in developing a plan for town employees. POI.ICI? Chair Fox reported that the committee had reviewed the proposed contract and that they hadn `t received any comments except from the town manager. He asked the council to have their comments in br next week and requested that the attorney bn present at their next meeting. Air. Farrell suggested inviting Supervisor Bruener to the nest meeting also. PUBLIC RELATIONS & CENSUS Chair Minarsich said there wasn't much to report and reminded everyone to call town hall if they hadn't been contacted by the census bureau or knew of anyone Town Council Minutes 4%2090 Page 2 of 4 else who hadn't been counted. He further reported that the committee haJ received no report from Mr. Froncek on any progress he has made. TOWN CODES Chair Lemieux reported that her committee has finished the first draft of the town codes except for cable, planning and zoning and police which would be folded in later. She said the attorney would be going over the codes to make sure they were in legal compliance and would return to the subcommittee for final reviei.. Tim Yoder had met with the codes committee and reported on what needed to be done to have a building safety department in place by July 1st and what avenues were available to the town at this time. He said there were 2 options - hiring your own people or contracting out for the service. Mr. Yoder said he had spoken to Doug Hood from Carter, a private company which supplies these services, and a retired chief building official from Maricopa County, Walt McCoy. He said both these individuals agreed that Fountain Hills should expect to start with a full time clerk in the vicinity of $20,000, a full time inspector who is competent in plan review in the range of $30,000 to $40,000. He said for someone to act as inspector only -would be about $10.000 less. The town would also need to have a part time civil engineer available. He said if the town hires someone on their own, they would have to realize that the inspector would be out of the office at least 2 days a month attending association meetings to stay current. How to replace a stand alone person can become a problem. Contracting out on an interim basis, using Carter's set up of Sedona as an example, would give the contracting agency 73 of the permit fees and 70 of the plan check fees, the remainder coming back to the town. There is an original set up fee running between $8- 10,000, which would sign up Fountain Hills for all the codes and related documents. They would set up the department here and staff it for a percentage of the income. They can also supply civil engineering services on a retainer basis for about $2,000 a month. This covers 20 to 30 hours of civil engineering work and if it goes beyond this amount, it's $50.00 per hour. Mr. Yoder said they projected on a conservative basis, based on what happened last year and this year to date, a permit income of $200,000 a vear. after paving a commercial outfit their percentage, $10,000 off the top for stet up fees, engineering costs, etc., there would still be about a $20,000 left. He feels this would be a pay for itself department. He further said that the contractors association supports contracting these services out for the first vear. Mr. McNulty said bidding for these services would have to be on an RFP basis and that he felt it was a very viable plan for a new town. He further reported that the town was a member of ICBO and that the books had been ordered. PLANNING _&_ZONING Councilman Hau->en said adoption: of a resolution was on the regular agenda. TOWN MAGISTRATE Chair Lemieux reported that the committee was done since the magistrate had been chosen and he would be setting up the court. TOWN ROADS Town Council Minutes 4i26i90 Page 3 of 8 Chair Fox reported that they were working with the current road distrAL s;AI F to analyze the current equipment that the districts have and working on possibtc. recommendations on ma, -be replacing some of that equipment. They are also wort:ing on a long rang? maintenance plan and a schedule to complete paving. ADJOURNMENT Since there were no further questions or comments, Mayor Cutillo adjourned the worPstudy session at approximately 7:14 p.m. and announced that there would be a short break before the special session convened. Town Council Minutes 4/25i 90 Page 4 of 8 TOWN 01' FOUNTAIN HILLS MINUTES OF THE SPECIAL SESSION APRIL 26, 1990 At approximately 7:29 p.m., Mayor Cutil to called the speciol session order. Following the pledge to the flag, roll call was taken and the council way represented by the same membors rioted in the wcrk study seGsaon. AGENDA ITEM #2 — ACCEPTANCE CAP APRIL_12TH, 16TH, 21ST AND 24TH MINUTE Mice Mawr Ninarsich made a MOTION to accept the meeting minutes of Apri 1 11, in, 21 and 24. SECONDED by Councilman Foy: and CARRIED unanimously. AGENDA ITEM #:3 — PRESENTATION OF THE TOWN LOGO Logo chairperson. Vanessa DavissoIt, gave the councilmembers copies of the revised logo, Certificates of recognition; were given to committee members Vanessa Davisson, Bonnie Kline and Allison Varlet'. AGENDA ITEM Ph — AUTHORIZING THE TOWN MANAGER TO TAKE BIDS ON HEALTH INSURANCE Nally Hudson read a letter (attached) which summarised his report on health insurance and his subsequent recommendation. He said the town could not obtain health insurance- with less than 10 employees, but could be rolled into the current Intergroup Plan which covers road and sanitary district employees. The cost would be $93.+0/month for each employee to be borne by the town and $137.00imonth for spousal coverage, 50 to be borne by the town. Further benefits such as dental could be decided upon later. He still did not have a definite response from Intergroup whether or not they would accept the 3 town emplcyees but it was still his recommendation to do so if possible. He also said that the Ivice would be changed by a minimum: of 131 on July ist. )unci!man Fox made a MOTION that the town manager go and look into bids for group coverage if it can be acquired by joining with the road;san.itary district policy or to go on for individual insurance bids and giving hind authorization to ?uter into an :agreement. The motion DIED for lack of a second. Vice Mayor Minarsich made a MOTION to authorize the town manager to iccept the proposal as offered by :sir. Hudson if it's possible, if it's not possible to authorize the gown manager to take bids on health insurance. SECONDED by Councilman Haugen and CARRIED unanimously. Councilman Bill thanked Dick Haugen, Harr; Barber, Peg Tibbetts, Norman Lash and Volly Hudson for all their efforts on the Personnel Subcommittee. AGENDA ITEM #5 — 0A TAINING BIDS FOR ROAD MAINTENANCE E UI IMENl, Councilman Foy: .asked the counci_i's authu izatiao t obtain bid" en :3 or .+ pieces of equipment on a lease purchase bads. Councilman Fox made a MOTION that the council give authorization to the town manager to proceed in getting bids on road maintenance equipment based on the specifications that will be forwarded to him from the highway committee.. SECONDED by Councilman Bi l I . Bruce 11-insen asked why some of the road district money couldn't be spent on equipment rather than on slurry seal which was also costing the sanitary district extra money because of the stepped up schedule. Councilman Fos reported that the attorneys on both Town Council !Minutes 4/26 T-) Page 5 of 5 parts felt it would be more difficult transferring equipment when the tol'al over the district and it would be better to spend the money on slurry- sealtit: also reported that the town manager had recommended leasing the first year whe:] funds would be less than they would be the following year after the 1990 census figures go into effect. Councilman Fox said the equipment they are looking into were a 5 ton dump truck, a sweeper, a half ton pick: up truck and possibly a crack - sealer and trailer. The motion CARRIED unanimously. AGENDA ITEM #6 - PREPARATION OF RELEASE OF LIABILITY FOR SHRUB REMOVAL Councilman Fox explained that this item is basically to give the town a release of liability and stemmed from a resident at Palmer and Saguaro who has agreed to allow the removal of the hedge row in a planter box if it was replaced with 101% ground cover. The release of liability is to cover ant- subsequent problems after the hedge is removed, not for any driving or anything else. Mayor Cutillo asked to have the release form be made general so it could be used for other cases in the future. Vice Mayor Minarsich made a MOTION to approve the town attorney to prepare a release of liability for shrub removal from residents property in having shrubs -removed and replaced. SECONDED by Councilwoman Lemieux avid CARRIED unanimously. Wally Hudson said this will be covered in the codes that will be adopted. AGENDA ITEM #7 - RESOLUTION 1990-13 ADOPTING THE ZONING ORDINANCE. AS A PUBLIC RECORD Councilman Haugen thanked the people who worked on his subcommittee, Mike Ninars.ich, Lari Bratcher, Jerry Jones. Ray Baldwin and Loras Rauche. Mr. Farrell st:ated that the committee had taken the existing county ordinance, did extensive review for continuity and then directed the attorney- to place it on the word processor, making the nomenclature changes necessary to make the ordinance appropriate for Fountain Hills. A working copy resulted that the committee could study and determine items to go out .and items to stay in, as well as modifying the powers that the town has that are not available to Maricopa County because of their inability- to pass ordinances. The manager has prepared a map to be published along with a notice of a public hearing to be held on May 24th at 6:30 p.m. Resolution 1990-13 declare that this printed copy of the ordinance is a code and that the code will be reproduced in three copies and available in Town Hall for public inspection. This relieves the town of printing the entire code in the paper. Adopting the existing county ordinance guarantees that nothing will change for each homeowner. After the ordinance adoption, the council will select a citizen planning and zoning commission and start the process of upgrading and improving what the countil product is. The town has broader powers than the county and can add benefits and put burdens into the zoning ordinance to keep the purpose of the corrununit,: going in a forward direction to encourage certain types of preservations and to prevent other types of abuses. He said the zoning ordinance is the police power ,arrr: of the elected officials while the deed restrictions and covenants are the contracts between the homeowners. These are mutually- exclusive. As time progresses and thing: change, covenants tend to become rock hard whereas a zoning ordinance becomes very fluid, responding to the needs of the community, case law, state statutes, federal legislation, etc. Regarding the pending county- change on manufactured housing, Mr. McNulty Toren Council Minutes 4,'26/90 Page 6 of 8 explained that the local ent"illy call rec uluLC: Wrp thaq ha L NA �':ur .w eliminate i t . Vice Mayor Mi nars i ch made a MOTION to adept Resolution 1 "OP- 1 adopting the Town of Fountain Bills zoning ordinance ab a publi.. n-cord. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM # 8 - ESTABLISHING A HERING DATE FOR THE ZONING ORDINANTCE ADOPTION Mr. McNulty- explained that the Iaw requires that: the :zoning maj_- any: the att_-caent material be published for at least 2 ,seeks prier no the public healing; and following the hearing, tI council acts "pon adopting a zoning ordiranc,. Tn map is set to be published the weeks vf May 10tb :and 17th. He t hc_c asPed that the council set the hearing for the 24th of lay- since the zening ordinance cannot be adopted with the emergence clause but must sit fir jO days betare buwwing; effective. Councilman Fox made a MOTION t;_ set 'W", -)". 191�0 a.; th:= rutil,. hearing date for the adoption of the zoning rdinance. SECONDED bj Vicc Ya`or Minarsich and CARRIED unanimously.. AGFIVDR ITEM #9 -ACTION ON THE INTERGOYERNII?N'fAI. :1GR_N,LMENT FOR-ELECTIONSUPPORT Vice Mayor Minarsich made a MOTION to act upon the intergovornmental .agcoement for election support, SECONDED bj Councilman iiaugen and CARRIED un.animouwly. The Mayor then said that agenda items number 10, 11 and .12 were nu longer needed and would be skipped. AGENDA .ITEM #13 - ACCEPTANCE OF RESIGNATIONS OI'_ HAPPY BARBER AND DICK HAUGEN t iLh regret the Mayor explained that the council had been :asked to :accept the resignations of Harry Barber .and Dirk Haugen and that he was scrry t6 lose them both. Vice Pati"or 17inarsich _;.aid it mis important t;: n,Le !lot Councilman Hiugen was Leaving because he was leaving the areq and thin n,_la: MOTION to the resignations of Councilmember Ba_-L-r• :aa,l Haut -,en. SECONDED by Councilman F=», who .added that Mr. Barber was leaving for medical reasons and commented on how much both men had clone for the community during; their t im - an the council. The motion CARRIED unanimously. Mr. Haugen r en ;eft his spit nmidst applause. AGENDA ITEM #14 - APPOINTMENT OF NEW COUNCILMI?MI?tiRS Mayor Cutillo made :a MOTION to chopsc _' of the " _=1e:_•tpd swun; ilmembers and that it be done in the form of a dr::1Te. SECONDED 13 Councilwoman Ltrai<u: and CARR_IED unAnimously. Mr. Haugen fires the names of Bill %'Briar. and Tibbetts from the box. A{:i'NDA ITEI^T ',1 S - SWr.4R IN Ct)U�'CI.I;.M1_�?I?I:RS _ n iJ(' _ ",,1C >'t Rr1_!'I; Abyur Cutiilo administered the oath:. of afficu to ;:ouacilmembers Bill O'Brien, Peg Tibbetts and Magistrate Stuart Shoob at approximately 3:5 p.m. AGENDA ITEM #16 - CALL TO THE PUBLIC; No one came forward. Town Council Tioutes i ''b. 90 Page 7 of AGENDA ITEM #17 — ADJOURNMENT Cc;uncilwoman Tibbetts made her first MOTION to adjourn, SFCONDED b O`Brien and CARRIED unanimously. The meetirig adjourned at approt.im.ately 8:28 p.m. TOWN OF HILL Bti'. / John A' + utillo, ^;al -or ATTEST: _ ,( (�,t •` •U . _. Cassie B. Hansen, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct cope of the minutes of the work/study and special session of the Town Council of Fountain Hills held on the 26th day of April, 1990. I further certify that the meeting was dull- called and that a quorum was present. DATED this i+ day of June, 1990. Lassie B. Hansen, Town Clerk: Town Council TM.inutes i, 6/'90 Page 8 of 8