HomeMy WebLinkAbout1990.0816.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL
AUGUST 16. 1990
A public meeting of the Fountain Hills Town Council was convened and called to
order by Vice Mayor Wally Hudson at 6:30 p.m. , Thursday, August 16, 1990, in the
Fountain Hills School District Administration Building located at 14605 N. Del
Cambre Ave.. Fountain Hills. Arizona.
ROLL_CALL - Following the pledge to the flag and the invocation by Rev. Glenn
Atchinson of the First Presbyterian Church, roll call was taken. Present for
roll call were the following members of the Fountain Hills Town Council: Vice
Mayor Wally Hudson and Councilmembers Frank Clark, Mike Minarsich, Charlie Fox,
Bill O'Brien and Peg Tibbetts. Absent was Mayor John Cutillo. Also present were
Town Manager Paul Nordin, Town Attorney Bill Farrell and Town Clerk Cassie
Hansen.
AGENDA ITEM #2 - PRESENTATION OF CERTIFICATES OF RECOGNITION TO MEMBERS OF THE
POLICE SUBCOMMITTEE
Vice Mayor Hudson awarded certificates of recognition to the following members
of the Police Protection Subcommittee: Ron Dean, Ed Jacobs. Tony Wachter, Dennis
Contino, Raymond Feller, Lowell Hamilton, Bill Lucas, Ken Sparks, Stan West,
Robert Garrison, Steven Gendler. Daryll Mullins, Ron Kastner.
AGENDA ITEM #3 - TOWN MANAGER'S REPORT
Mr. Nordin announced that Julie Ghetti was the new accountant and that Ron Dean
was functioning as the new town marshal. He reported that due to the storms, the
street department had rented six additional pieces of equipment to expedite the
clean up that was required in all areas of the community and urged the council
and public to inform Town Hall if they knew of areas that needed priority
attention. He further stated that he was was working with the County on an
agreement for handling the Palmer Way situation. As it presently stands, the
Town will do all the work and the County will give us a cash payment per an
intergovernmental agreement that will be made between the two.
Councilman Fox reported that the Governor's Office of Highway Safety has awarded
the Town a grant for signage in the amount of $25.000 for the fiscal year 1991.
He said that as soon as the paperwork was completed, the Town could begin
purchasing and installing new signs.
AGENDA ITEM #4 - COUNCIL TO CONVENE AS BOARD OF ADJUSTMENT
At approximately 6:43 p.m.. Vice Mayor Hudson announced that the council would
stand in recess and convene as the Board of Adjustment. He explained to the
public that eventually there would be a separate Board of Adiustment but in the
meantime. when the council was acting in the capacity of the Board, they were not
acting as the Town Council.
AGENDA ITEM _#5_& 4f6 - HOLD PUBLIC HEARING ONTHE _JAPNGIE_REQUEST FOR VARIANCE AND
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DISCUSS_.AND ACT -UPON SAID _REQUEST
The Town Council acted in the capacity of the Board of Adjustment on these two
items and because of this. the minutes and tape recording of what transpired are
kept separately.
AGENDA ITEM #7 - THE TOWN COUNCIL CONVENES AS THE PLANNING AND ZONING BOARD
At approximately 7:49 p.m.. Vice M_avor Hudson announced that the Town Council
would convene as the Planning and Zoning Commission. Once again, he explained
that the duties of this commission would soon be passed on to a group of
citizens. Present for roll call were the following members of the Fountain Hills
Planning and Zoning Commission: Commissioners Bill O'Brien, Wally Hudson, Frank
Clark, Mike Minarsich. Charlie Fox and Peg Tibbetts. Absent was Commissioner
John Cutillo. Commissioner Tibbetts. per state statute, declared a conflict of
interest due to her employment at MCO. the petitioner. She further asked that
her formal abstention be filed in the minutes.
AGENDA ITEM #8-- PUBLIC HEARING
Mr. Greg Bielli, Director of Communications for MCO Properties, then gave a short
presentation on the zoning change request. Using a map, he pointed out the area
they wanted to down zone explaining that it is is bounded on the north by
Palisades Blvd.. on the east by Mountainside Dr., on the west by Lost Hills Dr.
and on the south by Plat 601-C. He said that MCO wished to change it from an R-
3, a multi -family residential zone to an R1-10, a single family residential zone
which is more in keeping with the surrounding area. Vice Mayor Hudson asked if
anyone else wished to speak in favor of this change or against it. John Welsh
asked for clarification of the area and Mr. Bielli once again described the area.
Stan West asked about egress from the lots in question to Palisades and Mr.
Bielli said there was none, that the ingress and egress was off of Lost Hills and
off of Mountainside. Mr. Welsh asked if the completion of Lost Hills was part
of the project and Mr. Bielli responded that thev would be completing the side
that was not done. Since there were no more comments or questions. Vice Mayor
Hudson closed the public hearing at 6:58 p.m.
AGENDA _ITEM _#9 - DISCUSS. AND ACT _UPON THE _CHANGE _IN ZONING REQUEST _BY._MCO
Councilman O'Brien made a MOTION that the Planning and Zoning Commission move to
approve the request of downzoning. SECONDED by Councilman Minarsich and CARRIED
unanimously.
AGENDA _ITEM #10 - PUBLIC _HEARING_ ON ORDINANCE 90-10. CHANGING THE ZONING CODE AS
IT RELATES TO SWIMMING _POOL FENCES
At _approximately 7:00 p.m., the Planning and Zoning Commission began the hearing
on Ordinance 90-10. Mr. Nordin explained that due to a clerical error, the
zoning ordinance was approved in a manner that was not recommended by those who
were responsible for studying and making recommendations on the ordinance to the
council. He explained that as the ordinance currently reads, an interior fence
is required to separate the house from the pool. He further commented that this
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was not the original intent which was to leave this requirement out. Mr. Nordin
said it was important for staff to receive clarification on this item from the
council so that people wishing to build pools would be clear as to what was
expected of them. He said staffs recommendation was to change the ordinance
back to the way it was origina.11.y intended and this could be accomplished by
striking the word "not" from the offending sentence. Mary Petroff asked for
clarification on the use of the word not and Mr. Nordin repeated his statement.
Timothy Bowen asked if the Commission was aware of the current state legislation
on this subject and the Vice Mayor assured him that they were. The Vice Mayor
declared the public hearing closed at approximately 7:05 p.m.
AGENDA ITEM #11 - DISCUSS ORDINANCE 90-10
Councilman Clark made a MOTION that the Planning, and Zoning Board recommend
adoption by the Town Council of the ordinance before them. SECONDED by
Councilman Minarsich and CARRIED unanimously.
AGENDA _ITEM #12 - RECONVENE AS THE _TOWN COUNCIL OF FOUNTAIN HILLS
At approximately 7:06 p.m., Vice Mayor Hudson called the Town Council out of
recess and reconvened the Town Council meeting.
AGENDA ITEM #13 - DISCUSS AND ACT UPON ORDINANCE 90-10
Councilman Minarsich made a MOTION to adopt Ordinance 90-10 which was SECONDED
by Councilman O'Brien. Mr. Japngie asked for clarification on what the ordinance
meant and Mr. Farrell reiterated that it meant that a residence wall could be
used as part of the required barrier wall around a pool as opposed to a separate
fence enclosing the pool. Councilman Fox then addressed an article in the
Arizona Republic that referred to the clerical mistake causing this situation as
a foul up. expressing his irritation at the way the article was written. The
motion CARRIED unanimously.
AGENDA_ ITEM_#14 - RESOLUTION _1990-21,_DECLARING _THE _CABLE CODE A PUBLIC RECORD
Mr. Nordin explained that this was a technicality in order to preclude the
necessity of publishing the entire cable T.V. ordinance in the paper. Councilman
Fox made a MOTION to adopt Resolution 1990-21 and was SECONDED by Councilwoman
Tibbetts. The motion CARRIED unanimously.
AGENDA _ITEM _#15 - ORDINANCE90-11, ADOPTING THE CABLE T.V. ORDINANCE
Larry Woodward, the cable T.V. consultant, gave a brief summation on all the work
that had gone into the ordinance to make it uniquely Fountain Hills' and asked
for any questions the council might have. When there were none from the council.
the Vice Mayor asked for a motion on the floor and Councilman O'Brien made the
MOTION to adopt the ordinance. SECONDED by Councilman Fox. The council then
heard from members of the public including John Welsh, Bill Cunningham, Mr.
Japngie. Bob Garrison, Peter Putterman. Mary Petroff, Norman Lash, Steve Geller
and Steve Gophne whose questions and concerns included: possible break in service
if we get a new company nrovidin� service, what time frame was involved in the
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RFP process, how long the contract was good for, what would happen if they didn't
provide good service, how many times the streets would be dug up if more than one
license was awarded, how much negotiating had already been going on, 15 years was
a very long time to commit to a contract because new technology will outdate
whatever we're getting now, why not look into getting the Towns own satellite
dish like Rio Verde, will we get better service once this whole process is
complete, etc. Mr. Woodward told the group that in his opinion there was
probably a 1 in 1.000 chance that our service would be grossly interrupted
because the existing provider would probably stay on for awhile and that things
would only get better from here. Mr. Nordin added that since there is no
contract in place, the Town is collecting no franchise tax and this was an
additional incentive for the current provider to continue providing service. Mr.
Nordin explained the tentative schedule: act on the ordinance tonight. develop
an RFP over the next few weeks to have ready by October lst, allow 60 days before
the end of the year for the proposals to be worked on by the industry, take about
30 days to review the proposals (it is also his hope at this time that the cable
Subcommittee will meet one last time to also review the proposals and make a
recommendation to the council) and hear any presentations the bidders may choose
to provide, award the contract on or about January 3rd, negotiate a license
document with the successful bidder. Mr. Woodward said the ordinance provides
for up to a 15 year contract and some are for only 7 years, althought 15 years
is the norm. He further stated that cable companies spend millions of dollars
providing a cable system so it's not reasonable to expect them to settle for a
short term contract. Councilman Minarsich explained that there were protections
provided in our ordinance with respect to a long term contract, ie. the fact that
it's a non-exclusive contract which means that more than one license can be
issued, allowing_ the consumer to choose what service he desires. He also
referred to the clause stating that service has to be at least up to the
standards of our surrounding communities. Mr. Japngie was assured that there
were non-performance provisions in the ordinance to allow for termination. Mr.
Farrell told Mr. Garrison that the streets would have to be dug up but that there
was a requirement that all necessary repair work be done after construction is
complete. Mr. Nordin told Mr. Putterman, that per council direction, staff has
been soliciting the views and opinions and comments from any interested cable
companies. Mr. Woodward told Mr. Lash that one of the cable companies staff has
talked to is the company that supplies the satellite service to Rio Verde so that
type of service is a contender. The Vice Mayor reminded the public that copies
of the ordinance would be available at Town Hall for anyone that wanted to review
it and Mr. Woodward said he would take question calls from citizens "off the
meter" as he felt it important for interested residents to be apprised of Just
what was going on. He assured Mr. Geller that there would be a substantial
improvement in service within hopefully a 12 month period. Vice Mayor Hudson
called for the vote and the motion CARRIED unanimously.
AGENDA ITEM #16 - PROCESS OF APPOINTING THE PERMANENT PLANNING AND ZONING
COMMISSION
Vice Mayor Hudson requested that there be a work/study session when the new
Planning Director comes on board to discuss what he feels is important in
selecting this commission and Councilman Clark said he, too, would like to hear
staff recommendation as well as having the council draw up short lists of their
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own recommendations on individuals to by appointed to this board. Councilman Fov
said he felt candidates from the short lists should be interviewed in executive
session. Mr. Nordin said he would Pet with Mr. Jeppson and put together a
tentative procedure for the council to discuss at the next work/studv session.
AGENDA ITEM #18 — CALL TO THE PUBLIC
Vice Mayor Hudson chose to have the call before the vote to go into executive
session. Steve Geller expressed his appreciation for all of Councilman Fox's
efforts in securing the Governor's Office of Highway Safety grant and for the
fine job the council is doing.
AGENDA ITEM #17 — VOTE TO GO INTO F�CUTIVE SESSION
Councilman Clark made a MOTION to go into executive session. SECONDED by
Councilwoman Tibbetts and CARRIED unanimously.
AGENDA ITEM #19 —GO INTO EXECUTIVE SESSION
The council went into executive session at approximately 7:55 p.m.
AGENDA ITEM 4f20 — RETURN TO REGULAR SESSION
The council returned to regular session at approximately 9:18 p.m.
AGENDA ITEM #21 — DISCUSS AND POSSIBLY ACT UPON THE IGA WITH THE SHERIFF'S
DEPARTMENT
This item was not addressed by the council at this time.
AGENDA ITEM #22 — ADJOURNMENT
Councilman Clark mado a MOTION to adiourn. SECONDED by Councilman Fox and CARRIED
unanimously. The council adjourned at approximately 9:19 p.m.
ATTEST:
Cassie B. Hansen, Town Clerk
CERTIFICATION
TOWN OF UNTAIN HILLS
By._
Jo M. util o, Mayor
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the regular meeting of the Town Council of Fountain Hills held on the
16th day of August, 1990. I further certify that the meeting was duly called and
that a quorum was present.
DATED this _(J+'i,- day of September. 1990. c
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Cassie B. Hansen, Town Clerk
Town Council Minutes 8/16/90
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