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HomeMy WebLinkAbout1990.1016.TCWSM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TUESDAY, OCTOBER 16, 1990 A public work/study session of the Fountain Hills Town Council was convened and called to order by Mayor John Cutillo at approximately 6:30 p.m., Tuesday, October 16, 1990 in the conference room of the Fountain Hills Town Hall Offices located at 16836 E. Palisades, Building C, Fountain Hills, Arizona. Present for the work/study session were Mayor John Cutillo, Vice Mayor Wally Hudson and Councilmembers Mike Minarsich, Frank Clark, Bill O'Brien, Peg Tibbetts and Charlie Fox. Also present were Town Manager Paul Nordin, Director of Community Development Gary Jeppson, Town Attorney Bill Farrell, Town Clerk Cassie Hansen and Town Accountant Julie Ghetti. AGENDA ITEM #2 - TOWN MANAGERS REPORT Mr. Nordin reported that he and Ron Dean had received what was the beginning of the report from the Department of Public Safety regarding the possibility of the Town having it's own police department. Included were requests for various types of information to assist them in compiling this report and Mr. Nordin said the Council would be receiving updates on this over the next three to four weeks. The Town Manager touched on the packet he had received at the GPEC presentation and told the Council that the primary purpose of GPEC was to bring industry to the Valley. He said the Chamber wished to join this organization and were willing to pay the initial first year fee. Councilman Minarsich added that even though the Chamber was willing to pay the fee, Council action would still be required, showing the Town's support. The National Conference of Regional Mobility was discussed and the possiblity of sending a member of the Transportation Committee was suggested. Mr. Nordin reported that Mr. Jeppson had received a copy of the Felker conceptual master plan and the first copy of the developmental agreement. He said they would be reviewing both and coming back to the Council with a report and possible recommendations. A.a. The Town Manager referred to the updated program of work and said that a status column had been added as well as a few new items. He said that he didn't think Council action on the additional items would be necessary. Mr. Nordin then asked the Council to let him know if there were any items they would like to add to the list and clarified that the next list would have deleted all the items that had been completed. Councilman Clark asked that item #46 be changed to priority 1, that it was something that needed to be developed as soon as possible so the Council would know how to react to all new items that may come before them, particularly those items with a price tag attached to them. Councilman Fox said he wholeheartedly agreed with Councilman Clark and said that a capital plan was necessary before anything could be put together and stressed the importance of a five year plan. Councilman Clark suggested taking a first cut at it, with no changes, nothing but economics. Then there would be a base to do all sorts Town Council Minutes 10/16/90 Page 1 of 7 of "what ifs" from ..... what if we had our own police department, what if we had our own town hall, etc ...... then look at how these things would be financed. Councilman Minarsich said he thought two things were being discussed, one being a financial plan and the other being future goals. Councilman Clark said he thought it would be necessary to see the first spread of the five year plan, without adding anything new into it, to see what there was to play with. Mr. Nordin explained that what he was trying to show the Council in terms of the budget printouts was the current level of expenditures and whether or not those expenditures could be supported by the current level of revenues. He said he would be able to tell the Council how much money would be left over in year 2, year 3, etc. based on status quo. Councilman Fox said he didn't think the Council should act on anything having to do with a five year plan until they had the whole thing put together before them, including the four key big items that they had all talked about, that would be major projects from a financial standpoint. He said they would need to know what impact each one, from a cost stand point, would have, when it could be implemented, legal ramifications, etc. He said he repeatedly heard at the conference that a common problem experienced by small towns was moving too fast. Mr. Nordin then said that he felt it was a foregone conclusion that roads would be a part of the five year plan and that he would like to proceed to analyze the road situation as a separate issue from the five year plan and that it would then become one of the first givens when he puts together the five year plan. Councilman Fox said he disagreed because he felt it necessary to have the five year plan first so that it could be determined how to fund the road paving. Councilman Minarsich said if a plan could be devised using HURF monies and HURF bonds then he would be in favor of beginning as soon as possible. Mayor Cutillo stated that he felt it important to have the road study done to find out what the cost would be and if it would be affordable. He said that once they had that information and it became evident that it was not affordable with just HURF funds, then it would be necessary to look at the five year plan with relation to the road paving. Councilman Fox said that the road study was alright with him but before the time came to act on it, he would want to know how it would impact the five year plan. Vice Mayor Hudson requested that the priority be moved up on the business license program and that the forms go out December 1. Mr. Farrell said that most cities and towns issue on the calendar year. Councilman O'Brien suggested bumping items 22, 23 and 24 up to #1 priority; item 31 changed to #2 priority; item 42 changed to #4 priority; item 45 changed to #4 priority. Mayor Cutillo reported that the post office plans were that construction would begin in '91-'92, finished in '93. They have not yet found or settled on a site. In response to an inquiry by Councilman Minarsich, Mr. Nordin reported that bids were due back on the roof repair/replacement on the Community Center properties on October 26 and that we would have some updated figures at that time. Councilman Minarsich asked if there were any update on item 50 and Mr. Nordin responded that there was not but that he had had a conversation with the Reverend Von Lanken regarding the Town's inability to sell the property at this time. He further said he would be negotiating for their continued presense in the building but that they did not yet know what the new rate was because he had not wanted to give them all the "bad" news at once. Councilman Fox asked to instruct the town staff to notify, Town Council Minutes 10/16/90 Page 2 of 7 in writing, the increase to $5.00 a square foot ASAP. Councilman Minarsich commended the staff on the outstanding job that had been done on the program of work projects thus far. A.b. Mr. Nordin asked if the Council was interested in beginning the process establishing a permanent Board of Adjustment or if they wanted to continue acting as their own Board. Councilman O'Brien said that if they were appointing a Board just to relieve the Council of an unpleasant task, that they would be shirking part of what they were elected to do. Councilwoman Tibbetts said it was part of their education in viewing the whole development of the community to deal with some of these things, that this would be how they would really learn the rules that apply, the things people are concerned about. Mayor Cutillo said that if they were going to keep doing it they might need to consider doing it at meetings separate from the council meetings. Mr. Farrell said there had to be a quasi fixed schedule so that there could be cut off dates for the legal publications. Councilman Minarsich said he disagreed and that standard operation procedure on the Board of Adjustment was that it was an appointed body by the Council and he would like to see that happen here. He further stated that it would bring more citizen involvement, that there were many qualified individuals in the community, and that the Council needed to spend it's time directing and making policy. Mr. Nordin said staff was asking if the Council wanted them to proceed in the recruitment procedure as had been followed for the Parks and Recreation Commission and the Planning and Zoning Board or continue acting as the Board themselves. Councilman Fox said he agreed with Councilwoman Tibbetts, that it was a learning process that the Council owes itself. He further stated that the community may be "applicationed out" for boards and commissions. Councilman Clark said he would welcome the relief of the responsibility but that for a period of time to come, a matter of months or a year, he felt the Council should hang onto it, for reasons as stated by both Councilmembers O'Brien and Fox. Councilman Minarsich said he felt that the Councilmembers were not the most qualified for the job and that there were others in the community who would be more qualified. Vice Mayor Hudson suggested that if applications did go out, every applicant should get a copy of the state law to study so that when the Council asked them questions, they could find out if the candidates knew what they were doing. Mayor Cutillo suggested putting the item on the agenda so the Council could vote on it. Mr. Jeppson pointed out that the Board of Adjustment answers to the Town Council in that the Council could remove members of the Board. A.c. Mr. Nordin introduced Cynthia Wharton and explained that she had a very distinct desire to see the Town become cleaner, as exhibited by the proposal she had provided the Council. He said he was looking for a directive from the Council so that he and Ms. Wharton could work together on the adopt a street program. Ms. Wharton said that now was a very good time to make the environment a number one priority of the Town since it was so new. She explained that her intent is to see what we have in Fountain Hills preserved, maintained or improved. She futher stated that the adopt a street program was a good place to start and that she had modeled it after the adopt a highway program as implemented by Maricopa County. Ms. Wharton said that on any given day on her drive into Scottsdale, she counts no less than 1,000 pieces of trash and this disgrace needs to be addressed immediately. She volunteered to do all the leg Town Council Minutes 10/16/90 Page 3 of 7 work that would need to be done. Councilmembers Tibbetts and Clark heartily endorsed the idea and Mr. Farrell pointed out that the only legal concern was 1J providing adequate protection to the volunteers from tort liability as a result of any accidents and a clear understanding of workman's compensation. Councilman Minarsich added that this program, along with some of the other proposals, would be beneficial from an economic development standpoint. Mayor Cutillo suggested strengthening the litter ordinance. Vice Mayor Hudson said that he had many serious objections to the policies and procedures document in it's current form and that if he were a parent he would never sign the indemnity provision. He said there were other items in the document that would just not work for Fountain Hills. It was the concensus that the Council would not be adopting the specific plan that had been given them, but the concept of the plan. Vice Mayor Hudson said there had been concerns expressed as to how many signs would spring up around the Town and that people would not be pleased with alot of adopted street signs all over the place. Mr. Nordin suggested having Ms. Wharton meet with the Vice Mayor and himself to go over the Vice Mayor's concerns and suggestions. AGENDA ITEM #4 - REQUEST FOR FUNDS BY THE COMMUNITY THEATER The Council jumped ahead to this item since Val Stasik and Ginny Chin had been waiting to address them. Councilman O'Brien requested a 90-91 budget and Ms. Chin explained that there really wasn't one because the only budgets they've had are for each production they do. She further stated that due to the sets they have built they now had a storage space/office which would start being a regular administrative expense. They had never had the need to have a budget reflecting fixed expenses up to this point. Mayor Cutillo asked how the Town would be helping the theater if they did give them funding, would they put on more plays, or how would the money be used. Ms. Stasik explained that the storage space they currently had was in essence being donated to them but if a real renter came along, they would be out. She said the money received from the Town would enable them to actually rent -the space so they would no longer run the risk of having to move their things elsewhere. Councilman Minarsich commented on all the other things the group has done for the community aside from their productions. Councilman Fox suggested that the group put together a list of some of the things they would use the funds for, leasing, lighting, etc. Councilman O'Brien said the Council needed to establish some sort of policy on how to respond to requests such as these. Mr. Nordin suggested dealing with it on a case by case basis this year until the allotted money has been depleted. In future years, a deadline date could be set by which time all applications would have to be in from any organization that wanted to apply for the LTAF funds. Staff or a three member commission could then make recommendations to the Council on the level of funding for each of the applicants. Vice Mayor Hudson commented that this was one of the dangers of the study sessions because the Council would vote on this item Thursday night, the public would see this as road funds going to a private group. He said the Council should be careful at regular meetings to show why they are voting a certain way and that voting in favor of the request would mean that the Councilmember saw this request as more important than paving someone's street. Councilman Clark stated that the amount of money being kicked around would put paving on half the road in front of three houses. Mr. Farrell pointed out that if the resolution passed, it would take 30 days to go into effect and that the stated wide limit would have to be met before any monies could change hands. Town Council Minutes 10/16/90 Page 4 of 7 A.d. Mr. Nordin reported that the street department was involved in their usual projects including brush control, road patching, repairing median curbs, street sweeping and installing no truck signs. Councilman Fox asked when plants would be installed in the planter at Palmer Wy. Mr. Harvey- said they were still discussing what kind of plant they wanted put in there. B.a. Mr. Nordin introduced Marti Lemieux and Karen Veahman, Executive Director of the Life Care Center of Scottsdale. He further stated that the proposed meals on wheels contract had been reviewed by the Town Attorney and Vice Mayor Hudson for it's insurance content and the concurrence was that it was in adoptable form. Ms. Lemieux explained that the Life Care Center would supply the meals at a cost of two dollars each, a staff of volunteers would deliver the meals and the Town would act a collection agent for the Life Care Center. Ms. Veahman explained that the amount of the meals could vary and go up as high as needed. She further stated that the Town was not responsible in any way except for collecting the money and that they did not have the staff available to collect money. Councilman Fox expressed concern on the administrative end and what would happen if someone bounced a check or failed to pay. Mr. Nordin said that he felt there wasn't enough exposure or liability on the Town's part in this to recommend against doing it. He also said if it did get to be a problem, staff would bring it to Marti and Karen's attention, see if it could be corrected, and if not, get out of the contract with 30 days notice. Ms. Veahman said if it not work out with the Town, she would cancel and not press the situation at all. B.b. Mr. Nordin presented the Council with his revised budget and review. He emphasized that in order to spend a dollar, we had to have the dollar and have the permission to spend the dollar. He said that permission to spend is the budget which the Council has already adopted for this fiscal year and that the budget document was not amendable. He further stated that the revised estimates on the computer printouts were in no way an attempt to revise the adopted budget. Mr. Nordin told the Council that the State Auditor General was concerned with whether or not the Town exceeds the total bottom line of the entire budget. They would also be concerned if the bottom line of any fund had been exceeded unless the Council had acted, by motion, to change the budget authority from one budget to another. He further said there was alot of flexibility in handling our finances during the fiscal year. The Town Manager said that one of the reasons for doing the budget review was to see how we were doing, if we were exceeding any of the bottom lines. He stated that one of the premises in preparing the estimates was to insure that our present level of activity, staffing, expenditure configuration, etc. could be supported by our revenues. He further said this activity would help us to see how much money would be left over at the end of the year that could be used for additional projects during the remainder of this fiscal year. He assured the Council that the current revenue stream would more than adequately sustain our current level of activity. Mr. Nordin said he included in the salary and wage projection a salary amount equivalent to 87o of base salary for the establishment of a retirement program for estimating purposes. He said he also came up with an $18,000 amount for merit increase money for the balance of this fiscal year and that he would like to get Council approval on that number so that he could begin to administer the pay for performance plan which they had already approved. Mr. Nordin then answered some questions the Council had on the budget. Town Council Minutes 10/16/90 Page 5 of 7 Councilman Clark suggested using the lists compiled by Mr. Harvey which show the work done by the street crew and how many hours spent on each type of activity. He said they might be helpful in working up the next budget and that maybe until other Councilmembers become more familar with the street crew activities, it might be helpful to distribute those lists on a monthly basis. Councilman Fox asked if the format before them would be the same one used as a tracking mechanism and Mr. Nordin replied that it would be and that it was one that the auditor would be happy with. Councilman Fox requested having the Town Marshal broken out of the Administration category and putting the Sheriff's contract into the Town Marshal category. Mr. Nordin said it could be done but that there would be very few line items there. He further said that he was tracking it in a separate line item anyway, in terms of the Sheriff's contract. AGENDA ITEM #3 - RESOLUTION 1990-30 AMENDING RESOLUTION 1990-16 TO CLARIFY WHAT THE LOCAL TRANSPORTATION ASSISTANCE FUNDS MAY BE USED FOR Mr. Nordin said that the original resolution was done wrong and that if he had been here he would have recommended the wording as it appears on the proposed resolution. He said it should have been originally adopted to allow the Council maximum flexibility in doing whatever it wanted to do during the year with the lottery funds. He further said it would give them the ability to give funds to the Community Theater if they so chose. AGENDA ITEM #5 - ORDINANCE 90-18 ADOPTING A NEW SECTION 11-1-6 OF THE TOWN CODES OF FOUNTAIN HILLS CONCERNING THE CURFEW FOR MINORS The Town Manager said the Town Marshal had suggested adopting this ordinance, modeled after the ordinance in Scottsdale. Mr. Farrell suggested tabling this item until some of the Mayor's Youth Council had been given the opportunity to offer input on the ordinance. Councilman Fox asked to give his recommendation up front so that it would be clear which were his opinions and which were the Youth Councils. He said he had broken it down to when school was in session and when it was not in session. His recommendation was as follows: SCHOOL NIGHTS. S-TH WEEKENDS, VACATION AGES TWELVE AND UNDER 8:00 P.M. - 6:00 A.M. 9:00 P.M. - 6:00 A.M. AGES THIRTEEN TO SEVENTEEN 9:30 P.M. - 6:00 A.M. 10:15 P.M. - 6:00 A.M. He didn't feel that anyone under twelve years old had anything to do out on public streets after 8:00 p.m. unless accompanied by a parent. The concensus of the rest of the Council was that this recommendation was too restrictive. Mr. Farrell suggested running Ordinance 90-18 passed the County Attorney's Office to see if they felt it would be a reasonable ordinance for the Sheriff's Department to enforce. The Council discussed some of the recent problems with minors and the need for a curfew ordinance in order to have a vehicle to use when a problem did arise as well as a tool to involve the parents. AGENDA ITEM #6 - ORDINANCE 90-17, ADDING SECTION 12-3-10 TO THE TOWN CODES OF FOUNTAIN HILLS TO REGULATE PUBLIC STREET RIGHT OF WAY PARKING AND ESTABLISHING Town Council Minutes 10/16/90 Page 6 of 7 P] AN EFFECTIVE DATE THEREOF Mr. Jeppson reported that he had spoken to a number of Councilmembers who had made comments before on a parking ordinance and that he had developed two more drafts in an attempt to hit on the right combination. He said that alternative A prohibits parking of trailors, motor homes, construction equipment at any time on the streets and also prohibits all traffic on the streets from 3:00 a.m. to 4:00 a.m. Alternative B was to only restrict motor homes, trailors, construction equipment on a limited basis from 2:00 a.m. to 4:00 a.m. Problems of policing were discussed. Following additional discussion on the pros and cons, the consensus was that most of the Council could support alternative B. AGENDA ITEM #7 — ADJOURNMENT The Council adjourned the work/study session at approximately 8:30 p.m. TOWN OF FOUNTAIN HILL By: John,,M. Cu illo, Mayor ATTEST: \6 Cassie B. Hansen, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the work/study session held by the Town Council of Fountain Hills on the 16th day of October, 1990. I further certify that the meeting was duly called and that a quorum was present. DATED this %S + \ day of November, 1990. Cassie B. Hansen, Town Clerk Town Council Minutes 10/16/90 Page 7 of 7 PI