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HomeMy WebLinkAbout1992.0507.TCRM.Minutes LPTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 7, 1992 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, May 7, 1992, in the Fountain Hills Town Hall, located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Vice Mayor Tibbetts, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Frank Clark, Mike Minarsich, Charlie Fox, Wally Hudson. Councilman O'Brien came into the meeting at 6:50 p.m. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Community Development Gary Jeppson, and Town Clerk Cassie Hansen. Mayor Cutillo stated that there was a consent agenda and that all items listed with an asterisk were considered to be routine, non-controversial matters and would be enacted by one motion and roll call vote of the Council. There would be no separate discussion of the items unless a Councilmember or member of the public so requested, in which event the item would be removed from the Consent Agenda and considered in its normal sequence on the agenda. Typical items on a consent agenda are special event requests and easement abandonments. All materials and prior approvals received from the Town Marshal and Fire Chief (for special events) and all utilities and the Town Engineer (for abandonments) have .Lir been provided to and reviewed by the Council prior to the consent agenda vote. The consent agenda items were read by Mayor Cutillo and the Council acted on them. Mayor Cutillo made a MOTION to approve as read. SECONDED by Councilman Minarsich and CARRIED unanimously. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor Tibbetts aye Councilman Hudson aye Councilman Clark aye Councilman Minarsich aye Councilman Fox aye The roll call vote results were six aye to zero nay votes. Councilman O'Brien was not present. 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. This item was a part of the consent agenda. Mayor Cutillo made a MOTION to approve. SECONDED by Councilman Minarsich and CARRIED unanimously. Minutes of the Regular Session of the Town Council 05/07/92 Page 1 of 5 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 FOUNTAIN 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. This item was a part of the consent agenda. Mayor Cutillo made a MOTION to approve. SECONDED by Councilman Minarsich and CARRIED unanimously. 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) MONIES. This item was a part of the consent agenda. Mayor Cutillo made a MOTION to approve. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #5 - MONTHLY REPORT BY MAGISTRATE SHOOS. Judge Shoob distributed and explained a new report entitled the monthly case filings. Mayor Cutillo asked how the new Deputy Marshal Taylor was doing. Judge Shoob stated he was very effective. AGENDA ITEM #6 - REPORT BY COUNCILMAN HUDSON ON THE WORKER'S COMPENSATION PREMIUM DIVIDEND REALIZED BY THE TOWN BECAUSE OF ITS GOOD SAFETY RECORD FOR THE PERIOD OF JULY 1, 1990 THROUGH JUNE 30, 1991. Councilman Hudson briefly explained how the Workman's Compensation program worked. He stated that last year, the amount of money that went to the League of Cities and Towns Association was $187, 902. Councilman Hudson added that the Association deducted $30,000 from that amount and the balance was spread among cities and towns among the state in proportion to their premiums. He stated that $20,000 of the retained monies went toward educational seminars for cities and towns for safety and education training. He said that the dividend amounted to 10.3% of the premium and was based on a 20% loss ratio. AGENDA ITEM #7 - PRESENTATION BY RUDY ROSALES, SAFETY CONSULTANT WITH THE STATE WORKER'S COMPENSATION FUND, OF A PLAQUE TO THE TOWN FOR ITS GOOD SAFETY RECORD. Mr. Rudy Rosales presented the Town with a safety award for the year 1990. He commended the staff and their record. Mr. Rosales explained how the award winner was decided upon and also his past experience. Councilman Hudson accepted the award. AGENDA ITEM #8 - TOWN MANAGER'S REPORT. #8.A.1. PROJECT UPDATE (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) ; Consideration of changing the position of Town Marshal from a part-time to a full-time position. Mr. Nordin stated he would answer questions from the Council. Councilman Minarsich made a MOTION to accept the Town Manager's recommendation of a full-time Marshal starting July 1, 1992, with a salary range of $35,860 to $50,200. The motion was to further authorize the Manager to start the recruitment process as soon as possible. SECONDED by Councilman Fox. Councilman Hudson expressed that a part-time Town Marshal would be able to complete the duties that the Manager gave at the last work/study meeting on the Council. He added that a full-time Deputy under the Marshal would augment his Minutes of the Regular Session of the Town Council 05/07/92 Page 2 of 5 4100, part-time status. He stated that action needed to be taken on the daily complaint calls. Councilman Minarsich stated that the motion on the floor would save the Town money and the current part-time situation was not sufficient time to adequately run the department. Councilman O'Brien joined the meeting and Mayor Cutillo briefed him on the motion on the floor. Councilman Clark asked why the salary range was being discussed at this point. Mr. Nordin stated that there would be no further review of it during the next budget review. Mayor Cutillo said he was in favor of the motion because it was important to have someone in-house full-time because calls came in at all times. He added that it was also important to have someone who would enhance the existing program. Councilman Clark asked how the salary range was figured. Councilman Fox stated that at the last fiscal budget time, he had requested staff review them and make appropriate changes. Mayor Cutillo said he did not think the part-time and the full-time positions could be compared, nor could the type of candidates for the two positions. Mr. Kinsey stated it seemed the role of the Marshal was very different than that of an active Chief of Police or an aggressive law enforcement officer. He thought it was more of a duty job and thought the type of person hired would not have to be as qualified as a Lieutenant in a full-fledged police department. Ms. Bollinger asked if lost revenue and increased revenue projections had been done in comparing part-time to full-time Marshal positions. Mr. Nordin stated that that type of comparison was not appropriate for the Marshal's Department at that time. Councilman Fox said that had not been figured and in certain instances, it would increase revenue. Mayor Cutillo asked Judge Shoob how many cases had gone before the Court. Judge Shoob stated that possibly fifteen cases had been presented. He added that the majority were not income producing "fined" cases. Judge Shoob advocated strict enforcement of all codes the Town had and added that there were violations that had not been addressed that would become revenue producing. Councilman Minarsich agreed that the point was not to obtain the revenue, but to enforce the code and clear up the violations. Ms. Kinsey stated that if the present Marshal's part-time performance was not adequate, there would be nothing wrong with hiring a Lirdifferent part-time Marshal. Judge Shoob stated that he was an advocate of the Marshal's Department and a full-time Marshal. He said the Court relied on that Department for Court security as well as collections and process service. Judge Shoob added that the full-time person should not be an inactive or retired officer, but someone who was active in law enforcement and A.L.E.O.A.C. certified so that he would deal with his certified officers on the same level. Motion CARRIED with a vote of five aye to two nay votes. Councilmen Hudson and Clark cast the nay votes. AGENDA ITEM #9 - PUBLIC HEARING AND 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. Mayor Cutillo opened the Public Hearing at 7:23 p.m. and turned the hearing over to Mr. Jeppson. He introduced the topic for consideration and gave the history of the case. Mr. Jeppson said the Town's Legal Counsel had stated, after reviewing the case, that it would be appropriate for appeals of zoning changes to be presented to the Board of Adjustment rather than the Planning and Zoning Commission. Mayor Cutillo called for comment from the public. There was no discussion. Mayor Cutillo closed the Hearing at 7:27 p.m. Mayor Cutillo stated that the Council changed the wording because they were opposed to the Community Development Director be the sole judge of C-3 zoning decisions. He read the verbiage that was his preference. Vice Mayor Tibbetts stated she would prefer to add machine shops to the list of allowed uses. Councilman O'Brien read that there were no zoning use changes permitted to be made in the code. Councilman Clark said he felt the issue should be looked at more thoroughly and until that time, he chose option one. Mayor Cutillo disagreed, stating that if someone came in with a proposed use that the Community Development Director agreed with, it LMinutes of the Regular Session of the Town Council 05/07/92 Page 3 of 5 could be approved and there would be no recourse. Vice Mayor Tibbetts asked Mr. *irs) Farrell how other cities handled those matters and he replied that the two communities he was most familiar with handled it through the Planning and Zoning Director. Councilman O'Brien supported Vice Mayor Tibbetts' choice of option two, but really did not like any of them. Councilman Minarsich stated that he agreed with Mayor Cutillo in preferring option three. Mayor Cutillo made a MOTION that Ordinance 92-02, amending Article 20, Section 20.2, of the Zoning Ordinance for the Town of Fountain Hills with the inclusion of the line in Section 2.22 that states that because no list of uses can be complete, interpretations of unspecified uses will be rendered by a majority of the Community Development Director, Chairman of the Planning and Zoning Commission, and Chairman of the Board of Adjustments. SECONDED by Councilman Minarsich. Mr. Putterman commented that in a community such as Fountain Hills, the need for a speedy decision is sometimes crucial and if an appeal process was necessary, the time constraints would send them elsewhere. He asked what criteria the Board of Adjustment used in reviewing an appeal. Mr. Farrell stated it would be heard as in any proceeding and a decision would be made based on the facts presented. Mr. Woodley asked where the location of the subject property was and Mayor Cutillo replied that it was in the Enterprise and Colony Drive area. Mr. Bodie stated he owned the machine shop in question and stated that he did not recommend changing the uses in C-3 for machine shops because some were large, noisy, and dirty and should be reviewed on an individual basis. Motion CARRIED. Mayor Cutillo requested a roll call vote, the results were: Councilman Fox aye Councilman Minarsich aye Mayor Cutillo aye Councilman Hudson aye Vice Mayor Tibbetts nay Councilman Clark nay Councilman O'Brien nay The motion carried with a four aye to three nay vote. AGENDA ITEM #10 - CALL TO THE PUBLIC. Mayor Cutillo made the call to the public. Ms. Bollinger stated she felt the Council was moving too fast on some of the issues before them and referred to the Marshal issue. She asked how the public could get more time to review issues. Mayor Cutillo stated that it had not been a pushed through item and had been discussed at four meetings. AGENDA ITEM #11 - PURSUANT TO A.R.S. 38-431.03.A.4. AND 38-431.03.A.3, FOR DISCUSSION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION, AND FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, RESPECTIVELY. Councilman Minarsich made a MOTION to go into executive session after a short recess at 7:55 p.m. SECONDED by Councilman Fox and CARRIED unanimously. The Town Council went into executive session at approximately 8:00 p.m. AGENDA ITEM #12 - RETURN TO REGULAR SESSION AND ADJOURNMENT. The Town Council returned to regular session at 9:48 p.m. Councilman Hudson made a MOTION to adjourn. SECONDED by Councilman Fox and CARRIED unanimously. The Town Council adjourned at approximately 9:49 p.m. Minutes of the Regular Session of the Town Council 05/07/92 Page 4 of 5 TOWN OE FO AIN LLS By: -2__1 z Jarhn . Cutillo,1Ma o ATTEST: \ Cassie B. Hans n% Town Clerk PREPARED BY: ('1b (/ Lari L. Bratcher, Secretary CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills on the 7th day of May 1992. I further certify that the meeting was duly called and that a quorum was present. DATED this et)--) t day of May 1992. 0/11..11/1 ) 45 - 41....44.44.-Aj Cassie B. Hansen, Town Clerk L ,. Minutes of the Regular Session of the Town Council 05/07/92 Page 5 of 5