Loading...
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 Town Council Minutes 8'1:3/91 Page 1 of 5 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 Town Council Minutes 8/13/91 l'age 2 of 5 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 Page 3 of 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. Town Council Minutes 8 'l3/91 Page 4 of 5 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 Page 5 of 5