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HomeMy WebLinkAbout1993.0121.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 21, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, January 21, 1993, 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 Fox, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Charlie Fox, and Councilmembers, Bill O'Brien, Peg Tibbetts, Wally Hudson, Frank Clark and Mike Minarsich. Also present were Town Manager Paul Nordin, Community Development Director Gary Jeppson, Town Engineer Randy Hansel, Town Attorney Bill Farrell, Magistrate Stuart Shoob, Town Marshal Steve Gendler, Town Clerk Cassie Hansen, Parks and Recreation Director Robin Goodman, and Administrative Assistant Marcia Jewett. Mayor Cutillo said that all items listed with an asterisk (*) were considered to be routine, non -controversial matters and would be enacted by one motion and one roll call vote of the Council. There would be no separate discussion of those items unless a Councilmember or member of the public so requested. If a Councilmember or member of the public wished to discuss an item on the consent agenda, they could request so prior to the motion to accept the consent agenda The item would be removed from the Consent Agenda and considered in its normal sequence on the agenda. Typical items on the consent agenda include minutes, 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 been provided to and reviewed by the Council prior to the consent agenda vote. Items on the consent agenda were: AGENDA ITEM #2. - ACCEPTANCE OF THE MEETING MINUTES OF OCTOBER 20, NOVEMBER 5 AND 19, DECEMBER 17, 1992 AND JANUARY 7 AND 9, 1993. This item was a part of the consent agenda. Councilman Clark requested the removal of the minutes of January 7 and January 9, 1993 from the consent agenda as he had not gotten through them. In the minutes of December 17, 1992 he asked Mr. Jeppson about a change on page 6, 2nd paragraph wherein it read "Fountain Hills had limits in circulation and feedback received indicated the community should not have transit or bike routes." he wanted to strike the word "not". Councilman Hudson MOVED the approval of the minutes of October 20, November 5, November 19, and December 17, 1992 as amended. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #3. - CONSIDERATION OF THE CHAMBER OF COMMERCE SPECIAL EVENT REQUEST FOR THE GREAT FAIR TO BE HELD ON FEBRUARY 27 AND 28, 1993. THE ANNUAL EVENT WILL CAUSE THE CLOSURE OF SAGUARO BLVD. FROM STEWART VISTA TO PARKVIEW FOR THE DURATION OF THE EVENT. This item was a part of the consent agenda. Councilman Minarsich made a MOTION to approve. SECONDED by Councilman Hudson and CARRIED unanimously. Minutes of the Regular Session of the Town Council 01/21/93 Page 1 of 5 , AGENDA ITEM #4. - MONTHLY REPORT BY MAGISTRATE SHOOB. Magistrate Shoob said case filings for the month of December were up slightly and outstanding accounts continued to go down.- Councilman Hudson asked Magistrate Shoob if the total amount of cases and defendants under community service was the amount assigned to their service. Magistrate Shoob said those were the amounts the defendants were working off on an hourly basis. The defendant's were assigned $5.00 to $12.00 an hour for the work performed depending on the defendant's particular skills which the $805.00 represented. There were five (5) defendants who worked either with the road department, the sanitary district or the food bank. Councilman Clark asked if that amount was reflected in the total amount outstanding. Magistrate Shoob said it was an abstract total that was assigned and not a revenue amount. AGENDA ITEM #5. - RECOGNITION OF OUTGOING PARKS AND RECREATION COMMISSIONER, BRIAN LITZ. Mayor Cutillo read the accomplishments of Brian Litz, a member of the Mayor's Youth Council, and presented him with a plaque in recognition of his contributions. AGENDA ITEM #6. - MANAGER'S REPORT #6.A.1. Proiect Update (with possible direction from the Council for appropriate action). Consideration of approving a contract with Stanley Consultants for the design studv of Fountain Hills Blvd. Mr. Nordin said he and Mr. Harrel were recommending_ to the Council consideration of approval of the contract with Stanley Consultants for Fountain Hills Boulevard design study. This was the next important step in determining what kind of improvements needed to be made. When concluded the reports would present four (4) different options for different levels of repair work and rebuild. The contract amount was $34,238.00. Councilwoman Tibbetts asked how long it would take and Mr. Harrel said 90 calendar days. Mayor Cutillo MOVED to accept the contract with Stanley Consultants as stated, for the amount stated. SECONDED by Councilman Clark. Donna Bayo, N. Kings Way, said when the Town was incorporated and the Town Manager and Staff came on board, the public was told the necessary expertise to run the Town was in-house wanted to know why the Town continued to hire consultants to recommend the decisions at the cost of the taxpayers. Mayor Cutillo explained when the Town was incorporated, the Town had the expertise to run the Town and the ability to hire the people needed. The seven (7) in-house people couldn't do everything required and if the job was to be done right, it was necessary to seek outside experts. Councilman Clark said it was not a question of whether or not the Town could do it but when the job would get done. If outside consultants weren't hired it would further delay repairs and/or rebuilding of roads by six (6) to nine (9) months which would not be acceptable. Councilman Minarsich said the road was getting worse and the longer repair was delayed the more it would cost the taxpayers of the community. He said that since incorporation two and a half years ago the Town had lowered the community taxes, put in 15 miles of road and brought cable to every home. Mr. Nordin said there was a choice of whether to hire additional permanent staff to keep up with service and program demands or go outside for consultants to reduce in-house staff which would be more costly over time. Staff felt an outside consultant would eliminate or lessen the need for permanent staffing along with elimination of benefits. Bruce Hansen, N. Buffalo, said the Sanitary District frequently hired professionals because it was far more cost effective and he felt it elementary to hire professionals skilled in certain areas to do certain projects. The motion CARRIED unanimously. Minutes of the Regular Session of the Town Council 01/21/93 Page 2 of 5, #6.A.2. - Beeline Highway Update. Mr. Nordin said approximately a month ago he had reported to the Council that the Land Board from the Indian Tribe had yet to hear the Beeline Highway agreement from ADOT and its consultants. The presentation had been given to the Land Board, the Land Board passed it, and it was scheduled to be heard in front of the Tribal Council on January 13, 1993. The ADOT staff was called at the last minute and told that item had been pulled from the agenda because the Tribal Council was devoted to the flooding of the Salt River and land fill situation. It should be rescheduled within the next two weeks. Vice Mayor Fox asked if there were any major time delays. Mr. Nordin said if the final agreement was approved by the Tribal Council by the end of February, the Consultants were confident the original schedule for bidding in the spring of 1994 would be met. Councilwoman Tibbets asked if the archeological findings were a potential delay. Mr. Nordin said they were but the ADOT officials were prepared for any alternative the Tribal Council wished to choose. There were a number of alternatives that would be acceptable so at least one would be approved by the Tribal Council. #6.A.3. - Report on Agenda Posting. Ms Hansen summarized her report to the Council by stating that Ms Jewett had checked the following day after the last Council meeting and found that in fact, there was an agenda in tact at the School Administration Building. She had posted on Tuesday, checked all six (6) posting locations on Wednesday and Thursday and all agendas were in place. An enclosed lit glass container with a lock similar to the one at the Community Center would cost approximately $933.00 for each location. Councilman Minarsich wanted to verify that the agenda in question was in fact at the Administration Building the following morning. Ms Hansen concurred it was. Councilman Minarsich didn't see a need for any further security measures because there had never been a reported missing agenda other than the one that had been reported by Mrs. Bayo which in fact was there. He couldn't justify spending the taxpayers money for that. Mrs. Bayo asked where exactly they were posted because three (3) people were unable to find it. Ms Jewett explained that as you approach the School Administration Building the agendas were posted on the left hand side of the main double doors. They were posted on the windows from the inside of the building facing out, Ms Hansen had checked with Mr. Farrell in regard to the meetings being illegal if the agendas were gone and he stated the posting affidavits put the Town in compliance. #6.A.4. - Consideration of Filling the Three Expiring Terms on the Board of Adjustment. Mr. Nordin said he was aware the Council had the choice to go through a formal interview process. Staff was ready to take any action which the Council requested. Mr. Jeppson informed him there was no Board of Adjustment meeting scheduled in February and it was getting late with the posting periods so Council had time to consider this. The agenda item was also posted such that if Council desired to act at this meeting it could. Councilman Minarsich asked if there were pending variance cases before the Board of Adjustment and Mr. Jeppson said there were not. Councilman Minarsich asked when the Parks and Recreation Commission Board Member terms were up. Mr. Nordin said the terms were set in the ordinance that incumbents would continue to serve until successors were appointed and the expiration date of the term was January 30, 1993. Mayor Cutillo said the note he had said the terms expired on the 12th and Ms Goodman said that was actually their last meeting date. Councilman Minarsich asked Ms Goodman if those positions had been advertised and Ms Goodman said that would go out Wednesday of next week. Vice Mayor Fox said he felt strongly about interviewing to get a feeling of how a commissioner would respond rather than to look at a resume. He felt that a face to face interview with the top two (2) or three (3) candidates should be done. Councilwoman Tibbetts would like to hold brief interviews with the candidates. Councilman Clark would like to interview all except the incumbent because two (2) of them he didn't know at all and the other two (2) he would like to discuss how they would react. Vice Mayor Fox had called the candidates he didn't know and performed a telephone interview but would like to set a guideline to follow on a regular basis. Mayor Cutillo said what was done in the past seemed to work well and should be done again. Individual or collective interviews would Minutes of the Regular Session of the Town Council 01/21/93 Page 3 of 5 , be done, the choices would be submitted to the Community Planner who would compile a consensus and present it to the Council. Councilman Minarsich felt it made more sense to conduct a collective interview. Vice Mayor Fox suggested guidelines be set with a closing date of two (2) weeks to provide enough time for everyone to meet. Councilman Clark felt it would be easier on the candidate to do a collective interview. Councilman Minarsich said a collective interview would provide better feedback. That process had been done in the past and worked effectively. Councilman Hudson MOVED that staff set up a Tuesday Study Session in February to meet with the candidates for questions and answers. SECONDED by Councilman Minarsich. Mayor Cutillo said an Executive Session could not be a Work Study unless it was called a Special Session/Study Session. Mr. Nordin said it would be posted that way. Motion CARRIED unanimously. Mr. Jeppson asked how long each interview should be and Mayor Cutillo said approximately 15 minutes each. AGENDA ITEM #7.-CO_NSIDERATION OF ORDINANCE 93-01, AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AND THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT ARTICLES XXVII AND XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS ARIZONA, IN THE AREA COMMONLY KNOWN AS "FONTANAS", (MARICOPA COUNTY ZONING CASE #70-29), BY REVISING THE MINIMUM SIDE YARD SETBACK REQUIREMENTS TO PERMIT PORCH/PATIO COVERS LOTS 102 THROUGH 148 OF PLAT 108 AS CLOSE AS FIVE (5) FEET TO THE SIDE PROPERTY LINE. Mayor Cutillo MOVED to accept Ordinance 93-01 as written. SECONDED by Councilman Clark. Mr. Jeppson said the lots were stated incorrectly and should read Lot 120. Mayor Cutillo said it was corrected to read 120 through 148. Motion CARRIED unanimously. AGENDA ITEM #8. - CONSIDERATION OF ORDINANCE 93-02, AMENDING THE TOWN CODE BY PROVIDING FOR THE MANNER OF EXERCISING THE POWER OF THE INITIATIVE AND REFERENDUM. Councilman Hudson said it was already in the code but asked if that would make it current with the state law passed in the last session. Mr. Nordin said that was correct. Councilman Minarsich MOVED the adoption of Ordinance 93-02. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #9. - CONSIDERATION OF ORDINANCE 93-03, AMENDING THE TOWN CODE BY PROHIBITING SMOKING IN MUNICIPAL BUILDINGS. Councilman Clark MOVED passage as presented by Staff. Councilman O'Brien SECONDED. Councilman Minarsich asked Mr. Farrell if in Section 11-1-15 that limited smoking to tobacco and would that present any problem. Mr. Farrell said if there were no tobacco and someone was smoking that would not be a violation of the smoking ordinance and that it was defined in detail in the state statutes. Councilman Minarsich wanted clarification on the ordinance and asked if the Town Marshal would be the person who would enforce the ordinance and would citations be brought before Magistrate Shoob. Mr. Farrell said that was correct. Councilman Hudson said private parties in the Community Center would not be allowed to smoke and it was posted as a non-smoking area. A vote was taken and the motion CARRIED unanimously. AGENDA ITEM #10. CALL TO THE PUBLIC (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE Minutes of the Regular Session of the Town Council 01/21/93 Page 4 of 5 , BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW.) Mayor Cutillo made the call to the public. Donna Bayo, N. Kings Way, addressed the Council about the matter of her personal safety. She had been anonymously threatened because of her letters written to the Editor of The Times about the situation of Charlie Fox. Since her personal safety had been put at stake she wanted it publically known that if anything happened to her she had already been threatened. AGENDA ITEM #11. - ADJOURNMENT. Mayor Cutillo called for a motion to adjourn. Councilman Minarsich MOVED to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 7:12 p.m. TOWN OF FOUNTAIN HILLS By: 2 o M. Cutillo, Mayor ATTEST: Cassie B. Hansen, Town Clerk PREPARED BY: Marcia M. Jewett, Admin. Assist. 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 21st day of January 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this y day of February 1993. l..Ol/1 4A�6 - Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 01/21/93 Page 5 of 5 ,