HomeMy WebLinkAbout1991.0813.TCWSM.Minutes TOWN OF FOUNTAIN HILLS
cire MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
TUESDAY, AUGUST 13, 1991
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. August
13, 1991 in the Council Chambers 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 Frank
Clark and Councilmembers Wally Hudson, Peg Tibbetts and Bill O 'Brien. Absent
were Councilmembers Charlie Fox and Mike Minarsich. Also present were Town
Manager Paul Nordin, Town Attorney Nick Dottermann, Associate Planner Loras Rauch
and Town Clerk Cassie Hansen.
AGENDA ITEM #2 - MONTHLY REPORT BY MAGISTRATE SHOOB.
Magistrate Shoob began by telling the Council how well they looked in their new
surroundings at the new bench and that the Court was looking forward to sharing
the quarters with the Council . He went on to his report by saying that in July
'91, they had ended the month with 251 cases pending in the court and 346 cases
filed, making it one of their heaviest months. They had held 28 hearings or
trials last month and terminated 217 cases. The revenues for the month were
$14,564 and accounts receivable. after 13 months, were $84, 748. He said they
were constantly working on collections and would he publishing another list in
the paper of those who had not: paid. Magistrate Shoob also reported that he was
working with the Fort McDowell Indian Reservation tribal prosecutor, who,
although not an attorney, was a college graduate and apparently very competent.
He said that Fort McDowell would be establishing their own court within the next
two years . The Magistrate said he had given this gentleman a list of all the
court 's Indian origin defendants that had warrants and suspensions outstanding
and that an effort would be made to work very closely with their officials in the
future. Magistrate Shoob said he had also given this individual special standing
in the court.
AGENDA ITEM #3 - TOWN MANAGER 'S REPORT:
3.A.1. - Beeline Highway update.
Mayor Cutillo reported that he and Mr. Nordin had had lunch with Mr. Charles
Cowan, the new director of ADOT. He said he felt it had been very productive and
that Mr. Cowan was happy to hear the Town 's side of the story, although what he
had heard displeased him. The Mayor said he felt that Mr. Cowan would do
whatever was possible to do to push the Beeline construction forward.
3.B.1 - Adoption of "Parliamentary Procedure At A Glance", a rules of order
publication to be used at meetings.
Councilman Hudson said that the code stated simply that "the Mayor shall preserve
order and decorum, deciding all question of order and conduct and conduct the
proceedings of the meetings in an orderly matter". Mayor Cutillo read an excerpt
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from the minutes of January 16. 1990 which stated that the committee of
Councilman Minarsich and Councilman Haugen had recommended, following study into
the subject, that the Council adopt the order of business as set forth in the
city codes of Lake Havasu. He further reported that the code of Lake Havasu
stated that the Chairman "shall preserve order and decorum, decide a.i questions
of order, prevent infusion upon personalities or the impugning of members,
motives, confine members and debate to the question or discussion and to conduct
the proceeding of the meeting in accordance with the parliamentary rules
contained in Robert 's Rules of Order, revised, unless otherwise specified"
Councilman Hudson suggested that something to that effect be added to the code
of Fountain Hills and Mayor Cutillo concurred. Mr. Dottermann said that this
would be an appropriate addition to the code and that his office would work on
an ordinance to amend the code. It was discussed that meetings would not have
to adhere strictly to the rules of order but that the addition to the code would
serve as a protection when necessary. Councilman Hudson cited an example which
he witnessed at a school board meeting as well as one from a Council meeting when
a rule of order was not adhered to or known. He said he felt it was important
to adopt a definite way to decide on questions of order rather than the current
way of saying the Mayor would decide. The Council concurred.
3.B.2. — Photographs of Councilmembers for the Council Chamber
Mayor Cutillo said he thought that taking pictures of the Councilmembers and
hanging them in Town Hall would be a good way to begin to recognize the elected
officials for the time they had served. Group photos and individual photos were
discussed. The Council concurred that this was a good idea but since two members
were missing, the Mayor suggested it be added to Thursday 's agenda.
3.B.3. — Conducting a survey of the Town of Fountain Hills to assist with the
five year plan.
Ms . Hansen referred to the sample survey which had been distributed to the
Council last month and said she was looking to the Council for direction as to
whether or not they thought conducting such a survey would be beneficial.
Councilman Hudson asked if this could maybe be done in conjunction with the next
town hall and the Clerk said she felt there was a difference in the type of
participants since the town hall participants made application to take part in
the town hall whereas the survey would be strictly a random sampling. Vice Mayor
Clark said he thought it was a good idea except he was concerned with the timing.
He pointed out that if the survey asked "how are we doing" questions . there were
many projects that had no visible results such as the road paving project . He
said this might affect the outcome of the survey since residents may not be aware
of all the work that had been done, simply because they had yet to see the
results and pointed out that timing could be an important factor.
Councilman O 'Brien suggested that one of the objectives of doing a survey was to
get an idea of "how are we doing", the other objective was to determine "what
should we be doing". He said if we were going to be using this for "what should
we be doing', then it might he alittle premature until it what decided what the
possibilities were in the five year plan. He said he thought it might be a good
idea to periodically do smaller sample surveys to get an idea of how people
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thought the Town was doing and use this as a quality control . Ms. Hansen said
doing periodic surveys would be a good idea because from peoples , responses , we
could determine weak areas, where more information may need to be disseminated.
Mayor Cutillo reiterated that he felt everyone thought the survey was a good idea
but that timing would be important . Ms. Hansen said that she was asking for
direction at this early date because much preparation would have to be done to
organize the material and set up a database for this project .
AGENDA ITEM #6 - RESOLUTION 1991-39, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST
IT HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT AFFECTING
ALONG EAST SIDE OF LOT 18 AND THE WEST SIDE OF LOT 17 IN BLOCK 2, OF PLAT 107A,
AND FOUNTAIN HILLS ARIZONA, AS RECORDED IN BOOK 149 OF MAPS, PAGE 18 RECORDS
OFMARICOPA COUNTY ARIZONA.
Yr. Nordin asked to skip to agenda items six and seven and turned the floor over
to Ms. Rauch. Ms. Rauch explained that this was a side yard easement between two
lots and desired by both property owners . All utilities had been notified and
there had been no oppositions raised to the abandonment.
AGENDA ITEM #7 - ORDINANCE 91-10, AMENDING ORDINANCE 90-2 BY, PER A.R.S. 38-
431.02.A.3. , RESTATING WHERE ALL PUBLIC NOTICES OF THE MEETINGS OF THE PUBLIC
BODIES WILL BE POSTED.
Ms. Hansen told the Council that they did not have this ordinance yet but that
the Attorney was in the final stages of drafting the document. She explained
that the ordinance would restate where the agendas would be posted, thereby
satisfying the statutory requirements.
AGENDA ITEM #4 - RESOLUTION 1991-37 ENDORSING THE PARTICIPATION OF THE TOWN OF
FOUNTAIN HILLS IN THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY'S VAN POOL.
Mr. Nordin explained that representatives would-be present at Thursday's meeting
to discuss their van pool program with the Council . He said the passage of the
resolution was not an absolute "have to" thing in order for them to go forward
with the program. He said it was designed for the purpose of publicity and to
give the Council the opportunity to endorse the program. Mr. Nordin said there
would be no cost to the Town and since the pool needed to recruit people for
their program, passing this resolution would give them some of the publicity they
would need to kick off the program.
AGENDA ITEM #5 - RESOLUTION 1991-38, SUPPORTING AND URGING THE INCLUSION IN THE
1991./92 LEAGUE OP ARIZONA CITIES AND TOWNS MUNICIPAL POLICY STATEMENT A
RESOLUTION SUPPORTING THE CONTINUATION OF THE CURRENT METHOD OF DISTRIBUTION OF
-------- - --- — -STATE COLLECTED LOCALLY SHARED REVENUES TO CITIES AND TOWNS.
Councilman Hudson asked if the resolution should include reference to the fact
that the original distribution of funds was based on a rote of the public and Mr.
Nordin answered affirmatively. He said, though, that it would be a problem to
change it at this point since the same language had been used by all the other
communities supporting the resolution. He said he would try to get a hold of
Jeff Martin to see if he could amend the text that would go with it.
Town Council Minutes 8/13/91
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AGENDA ITEM #8 - ORDINANCE 91-11, AMENDING THE OFFICIAL ZONING ORDINANCE ON' THE
TOWN OF FOUNTAIN HILLS AS AUTHORIZED IN ARTICLE XXXI SECTION 31.1 OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING ARTICLE XtVIII SECTION_11.2
PERTAINING TO PERMITTED USES IN THE C_1 NEIGHBORHOOD COMMERCIAL ZONING DISTRICT.
Ms. Rauch said that the Planning and Zoning Board had heard a request from the
group who would be representing McDonalds in their request to allow outdoor
dining as a special use in the C-1 zoning district. She said that staff
recommended approval of it and the Commission had unanimously approl d it. Ys.
Rauch said that in the zoning ordinance revision which was currently taking
place, the Planning Commission was proposing to allow outdoor in the C-1 with a
special use permit. The Commission therefore felt this ordinance was appropriate
since they would be proposing this usage anyway. She said no plans had been
reviewed for M.cDonald 's at this point. Ms . Rauch said that outdoor dining was
currently allowed in the C-2 and C-3 zones . Allowing this by special use would
allow the Council to review each request on a case by case basis .
AGENDA ITEM #9 - ORDINANCE 91-12, LEVYING UPON THE ASSESSED VALUATION OF THE
PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM
UPON EACH ONE HUNDRED DOLLARS ($100.000 OF VALUATION SUFFICIENT TO RAISE_THE
AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, LESS THE AMOUNT ESTIMATED
TO BE RECEIVED FROM OTHER SOURCES OF REVENUE; PROVIDING FUNDS FOR VARIOUS BOND
REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS AND
PROVIDING FUNDS FOR GENERAL MUNICIPAL EXPENSES; ALL FOR THE FISCAL YEAR ENDING
THE 30TH DAY OF JUNE, 1991.
Mr. Nordin said we had received what had been represented to us as the final
numbers from the County in terms of assessed value and that it was in excess of
83.3 million dollars. He said that it would necessitate a property tax levy
amount of approximately 4 3.4 cents and that the ordinance set the amount that we
would have to raise to meet our bond and interest obligations.
AGENDA ITEM #10 - APPROVAL OF THE FINAL PLAT FOR FOUNTAINHEAD AT LAKESIDE
CONDOMINIUMS PHASE 3 AND 4.
Ms. Rauch reported that staff had been working with the developer and their
engineer and that the project had gone through the Planning and Zoning Commission
for preliminary plat approval, the subdivision technical review board for review
of their improvement plans and of the final plat . She said they were, at this
time, about 97o done to staff 's satisfaction and that they had promises of the
engineer that they would be 99.8 done come Thursday. Ms . Rauch said staff was
comfortable with recommending approval of the final plat for Fountainhead. She
added that final recording of the plat would not take place nor would any permits
be issued until all the loose ends had been taken care of and completed to
staffs satisfaction. Mr. Nordin apologized to the Council , saying that: staff
was not trying to put them on the spot and have them approve something with
incomplete material , but he added that in trying to be responsive to the requests
of the public, in this case the builders, staff was trying to strike a happy
medium. Mr. Nordin said staff would prepare a carefully worded motion to assure
that the approval was contingent on all submittals and requirements of the
project being 100% complete to staff 's satisfaction.
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AGENDA ITEM #11 — ADJOURNMENT_
The Council adjourned the work study session at approximately 7:36 p.m.
TO7,41.+4___Zeheatf_i
N OF FOUNTAIN HILLS
By: Itt
John Y. Cutillo, Mayor
ATTEST. 0.444-jA-- N. 4../h414:^J__
Cassie B. Hansen, Town Clerk
CERTIFICATION
400, 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 13th day of August, 1991. I further certify that the meeting was duly called
and that a quorum was present .
DATED this 5-I.-I"- day of September, 1991.
0_444.ALL,
Cassie B. Hansen, Town Clerk
Lir Town Council Minutes 8/13/91
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