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HomeMy WebLinkAbout1990.0906.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 6, 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, September 6, 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 Councilman Fox, 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. Mayor Cutillo made an announcement that agenda item #21 referring to the appointment of the Planning and Zoning Board would be deleted on tonight's agenda and would be tentatively addressed next Tuesday. AGENDA ITEM #2 - ACCEPTANCE OF THE MEETING MINUTES OF JULY 31ST AUGUST 2ND, 14TH AND 16TH, 1990 Councilman O'Brien made a MOTION to accept the minutes. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #3 - TOWN MANAGER'S REPORT Mr. Nordin said he had completed the first round of hiring and that he did not recommend hiring the other positions allowed for in the budget, namely a planner, a secretary and a parks and rec director, until the budget review was complete, probably sometime in November. He reported that the Transportation Committee was working on the draft transportation plan for Fountain Hills and that there would be a public hearing next week on the 13th of September to get public input. The draft plan would be presented to the council at the first meeting in October. Once adopted, the local plan will go to the regional group where it will be incorporated into the other local plans, forming an overall plan, and then will once again be returned to the council for review. Mr. Nordin reported that the street department was working on storm clean up, Palmer Way, striping, patching, dust control and brush control. Councilman Minarsich reported on the suggestion by Al Obst to form a neighborhood block watch program, stating that setting up such a program is part of our pending police protection agreement and that he would like the council to support such a program. It was again suggested to involve the local posse in the implementation of this program. Larry Woodward asked the council to review the draft RFP and offer comments at the next meeting in October before sending it out to potential bidders. Mr. Dale Gardon and Mr. Vernon Swaback gave a presentation on the proposed development of the Felker property including a brief background on Mr. Felker and Town Council Minutes 9/6/90 Page 1 of 5 some of his previous projects. Mr. Gardon said they had been working on a revised plan for about 4 months and have lessened the density in some areas. They had lessened the commercial zoning area from 16 to 13 acres. The resort is planned to have 500 rooms and a public golf course. There were originally 1,569 residential units approved and they reduced that number to 1,169, a 25% reduction in density. Mr. Gardon went over the changes in the circulation plan which reflected a reduction in roadways. Mr. Nordin again went over the annexation time table as stated at the work/study session of September 4, 1990. Mr. Swaback said the earliest date they are looking at to start the project is late spring of next year. AGENDA ITEM #4 - RESOLUTION 1990-22, GRANTING AN EASEMENT ABANDONMENT ON LOT 2. BLOCK 6 FINAL PLAT 603B Mayor Cutillo made a MOTION to grant the easement abandonment affecting Lot 2, Block 6, final Plat 603B. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #5 - RESOLUTION 1990-23, GRANTING AN EASEMENT ABANDONMENT ALONG THE NORTH AND EAST LOT LINES OF LOT 31 BLOCK 2 FINAL PLAT 505C Vice Mayor made a MOTION to approve the Resolution. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM #6 - MAGISTRATE SHOOB'S REQUEST TO HIRE ADDITIONAL STAFF Mr. Nordin referred to the proposal supplied by Magistrate Shoob and himself which stated that a part time person would be hired for a two month trial basis not to exceed 16 hours a week. Councilman Fox expressed concern on the reports they had received regarding cash received and the fines outstanding and that he would like to table the item until the council gets further clarification. Mayor Cutillo said he has seen the need in the court and did not feel the need to delay the item. Councilman Fox suggested hiring a secretary for the town on a full time basis that would spend two days a week in the court. Mr. Nordin said the idea of hiring the part time person was to help with the collections specifically and that it was his hope from a fiscal standpoint that this person would pay for themselves because of the collections made. Councilman O'Brien made a MOTION to approve the request of the Judge for a maximum of two months at no more than 16 hours a week with a contingency, that being, that the council receive a progress report at two months particularly with regards as to how this problem is being solved in ways other than hiring more personnel. SECONDED by Councilman Minarsich. Councilman Fox said he would like to see a plan in front of him as to how the collection process was going to take place before hiring someone to do the collections. The motion CARRIED six aye votes to one nay vote, Councilman Fox casting the nay vote. AGENDA ITEM #7 - CONVENE AS THE BOARD OF ADJUSTMENT At approximately 7:17 p.m., Mayor Cutillo called a brief recess before convening as the Board of Adjustment. Town Council Minutes 9/6/90 Page 2 of 5 AGENDA ITEMS #8 AND #9 — HOLD THE PUBLIC HEARING AS THE BOARD OF ADJUSTMENT ON THE BERCEL VARIANCE AND ACT UPON THE REQUEST FOR VARIANCE AGENDA ITEMS #10 AND #11 — HOLD THE PUBLIC HEARING AS THE BOARD OF ADJUSTMENT ON THE NEWMAN VARIANCE AND ACT UPON THE REQUEST FOR VARIANCE The Town Council acted as the Board of Adjustment on these item and because of this, these items are recording separately. AGENDA ITEM #12 — RECONVENE AS THE TOWN COUNCIL The Town Council reconvened in their capacity as the Town Council at approximately 7:33 p.m. AGENDA ITEM #13 — APPROVING THE TOWN MANAGER'S EMPLOYMENT AGREEMENT Mr. Nordin said the changes had been made to the agreement per the council suggestions. Councilman Minarsich made a MOTION to approve the revised contract as presented. -SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #14 — APPROVING THE SPECIAL EVENT LIQUOR LICENSE FOR THE KNIGHTS OF COLUMBUS FUND RAISER FOR MICHAEL MONTELEONE Councilman Fox made the MOTION to approve the special event liquor license. SECONDED by Councilman Minarsich. Before the vote, Councilman O'Brien declared a conflict of interest since he belongs to the Knights of Columbus. The motion law CARRIED with 6 aye votes. AGENDA ITEM #15 — APPROVING THE _IGA BETWEEN THE TOWN AND THE SCHOOL DISTRICT COVERING JOINT USE FACILITIES. INCLUDING RECREATIONAL ACTIVITIES Mr. Nordin said he and school superintendent Walt Dunne were in agreement on the contents of the agreement and that he recommends the council's positive action on the agreement. Councilman Fox made a MOTION to accept the agreement. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM #16 — APPROVING THE IGA BETWEEN THE TOWN AND THE SANITARY DISTRICT INCLUDING RENTAL SPACE FOR THE ROAD DEPARTMENT Mr. Nordin said the council was in receipt of an updated draft of the IGA which included changes suggested by the council at the work/study session, ie. adding a new paragraph providing for the joint exchange of' certificates of insurance. Councilman Clark made a MOTION to approve the agreement. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM #17 — ORDINANCE 90-12, PROVIDING FOR THE REPEAL OF SECTION 3-1-5 OF THE TOWN CODES AND ADOPTING IN LIEU THEREOF A NEW SECTION 3-1-5 WHICH ESTABLISHES_ THE OFFICE OF TOWN MARSHAL AND DEFINES THE MARSHAL'S RESPONSIBILITIES Mr. Nordin stated that this ordinance was a result of the fact that our current marshal, Ron Dean, possesses a current law enforcement officer's certification Town Council Minutes 9/6/90 Page 3 of 5 and this ordinance would allow him to use his certification to make criminal arrests. Councilman Minarsich made a MOTION to adopt Ordinance 90-12. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #18 - ORDINANCE 90-13 ESTABLISHING THE RECREATION COMMISSION THE_ RECREATION DEPARTMENT AND THE POSITION OF RECREATION DIRECTOR Mr. Nordin told the council that the ordinance before them reflected the changes suggested by the council in the work session. Following public recognition and thanks to the members of the Parks and Recreation Committee that were present, Councilwoman Tibbetts made a MOTION to adopt Ordinance 90-13. SECONDED by Councilman O'Brien. Councilman Clark said he still felt very strongly that the number of members on the commission should not exceed seven and made an AMENDMENT TO THE MOTION that that part be changed to seven instead of nine members on the commission. SECONDED by Councilman Fox. Councilman Minarsich said a revision was put in to read "no more than nine" which would make the number flexible and he felt the revision would leave the necessary latitude. Mayor Cutillo agrees with the revision. Vice Mayor Hudson said he thought all the members should be of age and adults and questioned having a member of the Mayor's Youth Council on the commission. Councilman Minarsich said the goal was to have a good cross section of the community on the commission. Mayor Cutillo said the teenagers were citizens of the community and deserve a right to have a say. The vote on the amended motion was as follows: Councilman O'Brien nay Vice Mayor Hudson aye Councilman Clark aye Mayor Cutillo nay Councilman Minarsich nay Councilman Fox abstain Councilwoman Tibbetts nay The amended motion FAILED four nay votes to two aye votes. The original motion CARRIED with six aye votes - Councilman Clark abstained from voting. AGENDA ITEM #19 - RESOLUTION 1990-24, AUTHORIZING THE _MAYOR AND TOWN CLERK TO SIGN AN AGREEMENT WITH THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY PROVIDING FOR A GRANT TO THE TOWN FOR REGULATORY AND STREET NAME SIGNS Mr. Nordin explained that he was unable to get a draft of the agreement for the council's perusal. He said staff continued to recommend approval of this resolution. Councilman Fox made a MOTION to approve the resolution 1990-24. SECONDED by Councilman Minarsich. Councilman O'Brien pointed out his objection to the position the council was placed in of making an agreement for something that they have not had the opportunity to read. The motion CARRIED unanimously. AGENDA ITEM #20 - ORDINANCE 90-14, AMENDING THE ZONING MAP OF FOUNTAIN HILLS TO REFLECT THE CHANGE GRANTED BY THE PLANNING AND ZONING COMMISSION ON AUGUST 16, 1990, DOWN ZONING 29 LOTS AND 3 TRACTS ON PLAT 601D FROM R-3 TO R1-10 Councilman Minarsich made a MOTION adopting Ordinance 90-14. SECONDED by Town Council Minutes 9/6/90 Page 4 of 5 Councilman Fox. The motion CARRIED with six aye votes - Councilwoman Tibbetts abstained from voting due to a conflict of interest. AGENDA ITEM #21 - DELETED AS PREVIOUSLY STATED AGENDA ITEM #22 - CALL TO THE PUBLIC Mike Scharnow asked to have the Town Manager report on the time table for the parks and recreation applications and appointment. Mr. Nordin said his intent was to prepare applications, similar to what was used for the planning and zoning applicants, and make those available within the next week. AGENDA ITEM #23 - VOTE TO GO INTO EXECUTIVE SESSION TO RECEIVE LEGAL ADVICE ON CONTRACT NEGOTIATIONS Mayor Cutillo made the MOTION to go into executive session. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM #24 - GO INTO EXECUTIVE SESSION The council took a short break prior to going into executive session at approximately 7:52 p.m. AGENDA ITEM #25 - RETURN TO REGULAR SESSION The council returned to regular session at approximately 8:52 p.m. AGENDA ITEM #26 - ADJOURNMENT Councilman Minarsich made the MOTION to adjourn. SECONDED by Councilman Fox and CARRIED unanimously. The council adjourned at 8:53 p.m. TOWN OF F ILLS Bv: ATTEST: John Cutillo, Mayor 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 6th day of September, 1990. I further certify that the meeting was duly called and that a quorum was present. DATED this q44,— day of October, 1990. �./1"'1 Cassie B. Hansen, Town Clerk Town Council Minutes 916190 Page 5 of 5 PI