Loading...
HomeMy WebLinkAbout1992.0505.TCWSM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 5, 1992 A public work study session of the Fountain Hills Town Council was convened and called to order by Mayor John Cutillo at 6:30 p.m., Tuesday, May 5, 1992, in the Council Chambers of the Town Hall Offices located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. Present were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Frank Clark, Charlie Fox, Wally Hudson, Bill O'Brien and Mike Minarsich. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Community Development Gary Jeppson, and Town Clerk Cassie Hansen. Mayor Cutillo explained that discussion had been requested on all items listed with an asterisk (*) . There would be no separate discussion on unmarked items unless a Councilmember or member of the public so requested, in which event the item would be reconsidered as a discussion item and addressed in its normal sequence on the agenda. AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 1992-08, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE WEST LOT LINE OF LOT 1, BLOCK 2, OF PLAT 107A FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 149 OF MAPS, PAGE 18, RECORDS OF MARICOPA COUNTY, ARIZONA. There was no discussion on this item. AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1992-09, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST IT HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE NORTH LOT LINE OF LOT 9, BLOCK 12, OF PLAT 204 FOUNTIAN HILLS, ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 10, RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE WEST FORTY-FIVE FEET OF SAID EASEMENT. There was no discussion on this item. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1992-11, REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO AUTHORIZE TRANSPORTATION ASSISTANCE FUNDS PURSUANT TO SECTION 28-2602, ARIZONA REVISED STATUTES. THIS RESOLUTION IS DONE ON AN ANNUAL BASIS AND IS NECESSARY IN ORDER FOR THE TOWN TO RECEIVE THEIR PORTION OF THE L.T.A.F. (LOTTERY) FUNDS. There was no discussion on this item. AGENDA ITEM #5 - TOWN MANAGER'S REPORT. #5.A.1. - Proiect update - Consideration of changing the position of Town Marshal from a part-time to a full-time position. Mr. Nordin stated that staff had assembled information based on input from the last Council meeting. He said there were four areas of consideration in his presentation: establishing goals and objectives for the position, addressing full-time versus part-time, comparing additional salary scales, and estimating specific costs for each of the three options. Mr. Nordin reviewed the eight identified areas his report, accompanied by a slide presentation. (See attachment from Council packet.) Following Mr. Nordin's presentation, there was extensive discussion between Councilmembers and staff. Councilman Minarsich stated he would prefer to see a full-time Marshal. Minutes of the Work\Study Session of the Town Council 05-05-92 Page 1 of 3 Vice Mayor Tibbetts was in favor of a full-time Marshal. Councilman Clark Low indicated he favored a part-time position. Councilman Fox was in favor of the full-time position. Councilman Hudson favored the full-time code enforcement officer and a part-time Marshal. Councilman O'Brien stated he was more in favor a full-time position since goals and objectives had been established. Mr. Nordin stated twelve months from the time of hire, he would go before the Council and report to them how the Marshal had done during that time, whether full or part- time. Mayor Cutillo stated he would be supportive of a full-time postion if there would be a review after a period of time. He added the reason for the review was because there had been little success in the program to date. Mr. Woodley stated he felt the position was entirely too taxing for one individual to handle. He added that each department should oversee their own areas of responsibility and notify him only when there was a violation. Mr. Feller stated there were pro-active goals in the package. He also explained how the Lt. salary was figured. Mr. Hansen stated that the Chamber of Commerce found it difficult to coordinate the special events. He added that there were problems in our grade schools and with a high school opening soon, there was an even greater need for the Marshal's Department presence in the schools. Mr. Sercu said he thought the Town Marshal's position was to enforce the Town Code and should be held to that. He stated that the enforcement of the Zoning Code was the responsibility of the department head. Mr. Jeppson stated that when his authority was exhausted, a situation would then be turned over to the Marshal's Department, as he had no police powers. Mayor Cutillo stated that Sercu's point was correct, however, the Marshal's job was not limited to enforcement of Town Code. AGENDA ITEM #6 - CONSIDERATION OF ORDINANCE 92-01, AMENDING SECTION 11-1-17 OF THE TOWN CODE DEALING WITH NOISE TO ADD NEW PROVISIONS THERETO DEALING WITH SOUNDS GENERATED AT PLACES OF PUBLIC ENTERTAINMENT AND IMPOSING PENALTIES. Mr. Nordin reviewed the above consideration. He stated that staff had discovered a legal mechanism that was enforceable and that the Town could enforce the prohibition of music at Sneeker's Restaurant. Mr. Nordin added that the enforcement would entail a long form complaint filed with the Court. He said if the Council wished to prohibit outdoor music at Sneeker's, it would be possible for staff to file the complaint. Mr. Nordin stated that at the pre-trial conference, there was a desire to compromise and allow some outdoor music under certain circumstances. Councilman Minarsich stated that the long form complaint would not be an immediate solution for a situation but would be a more permanent one. Vice Mayor Tibbetts stated that a generalized noise ordinance for the Town, a little more specific than was currently in place should be implemented. Mayor Cutillo said he wanted a way to immediately stop the code violators. Mr. Farrell said there was no legal avenue to do so, unless there was a violation that was of immediate danger. Mr. Nordin stated that there could be a special event ordinance that would include a noise section, time limits, etc. He said staff would like direction from the Council as to which avenue they wanted to take. Councilman Clark asked which way would give the Town more authority. Councilman Minarsich asked if it was more enforceable, Mr. Nordin said probably not. Mayor Cutillo stated the original special use permit for the property did not allow for a restaurant and lounge. He said the application was for a snack bar and no outside entertainment. Mr. Sercu asked if, included with the liquor license, the applicant had to be in compliance with all the Town codes and ordinances. Mr. Farrell stated that was correct, however, it was an approval from the State, not the local authorities. Mr. Sercu stated that the last two weekends, the Club had outdoor music that lasted until approximately 9:30 p.m. Mayor Cutillo said he recommended that there be a warning issued stating that they were currently in violation of zoning. He added that they were to revert to the approved special use as a snack bar and if not, legal proceedings would be considered. Councilman O'Brien stated he wanted to separate the special event application from the situation at Club Mirage. The Council concurred with his comments. Mr. Nordin requested the issue be taken off the agenda for the Regular Session to Minutes of the Work\Study Session of the Town Council 05-05-92 Page 2 of 3 allow time for there to be conversation between the Town and Club Mirage. He added that the noise ordinance was not ready for formal approval. AGENDA ITEM #7 - CONSIDERATION OF ORDINANCE 92-02, AMENDING ARTICLE XX, SECTION 20.2, OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA. THIS TEXT CHANGE ALLOWS GREATER FLEXIBILITY TO USES IN A C-3 ZONING DISTRICT. Mr. Jeppson reviewed the Ordinance. He stated that the Commission voted unanimously to approve the amendment to the Zoning Ordinance. Mayor Cutillo said it gave too much freedom to the Planning and Zoning Director. Councilman O'Brien stated he wondered if the reasons for the proposed Ordinance were legitimate. Councilman Minarsich stated he thought there should be a three-man committee and not just one person. Mr. Farrell stated that if the notification time span was too short, it would be necessary to repeat the process until due process and proper notice had been served. He added that the procedure itself was not conducive to a short time. Vice Mayor Tibbetts clarified the differences between C-3 zoning and other areas of zoning. Councilman O'Brien stated it might be discriminatory toward other zoning areas, to make them proceed with the long notice procedures. Councilman Clark stated that there had to be something done to simplify the procedure. He asked staff if shortening the review period and making the review board a three-man board would be beneficial to the system. Vice Mayor Tibbetts suggested changing the wording to "Board of Adjustment" and not "Planning and Zoning" and give specific parameters. Mr. Farrell stated that whatever the Council decided, would be superseded when the formal zoning code came before then. AGENDA ITEM #8 - ADJOURNMENT. Mayor Cutillo adjourned the Town Council Work/Study session at approximately 8:50 p.m. '4411;) TOWN FO IN H $, By: Jo n C tillo, Mayor ATTEST: CAAII,L , Cassie B. Hansen, Town Clerk PREPARED BY: L ri L.C. B atcher, Secretary 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 5th day of May 1992. I further certify that the meeting was duly called and that a quorum was present. DATED this )-( i- day of May 1992. . .�. Cassie B. Hansen,' Town Clerk Minutes of the Work\Study Session of the Town Council 05-05-92 Page 3 of 3