HomeMy WebLinkAbout1992.0903.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 3, 1992
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30
p.m.,Thursday, September 3, 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 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 Mike Minarsich,Bill O'Brien,Peg Tibbetts,Wally Hudson. Councilman Frank
Clark were absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Community
Development Director Gary Jeppson,Town Engineer Randy Harrel,Town Marshal Steve Gendler,and Town Clerk
Cassie Hansen.
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 are 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.
The consent agenda items were read by Mayor Cutillo and the Council acted on them. Councilman O'Brien
requested that agenda item number four be removed from the consent agenda. 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
Councilwoman Tibbetts aye
Councilman O'Brien aye
Councilman Hudson aye
Vice Mayor Fox aye
Councilman Minarsich aye
The roll call vote results were six aye to zero nay votes. Councilman Clark was absent.
AGENDA ITEM #2 - ACCEPTANCE OF THE MEETING MINUTES OF JULY 2ND, 14TH, 16TH,
AUGUST 6TH, 17TH, AND 20TH, 1992.
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 09/03/92
Page 1 of 6
AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1992-24,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND
DRAINAGE EASEMENTS AFFECTING ALONG THE REAR LOT LINE OF LOT 33,BLOCK 8,OF PLAT
212 FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 141 OF MAPS,PAGE 17,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.
AGENDA ITEM #4 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION BY CIRCLE K.
APPLICANT IS REQUESTING TO TRANSFER THE BUSINESS NAME ON THE LIQUOR LICENSE
FROM CIRCLE K#2823 TO CIRCLE K STORE#5030. THE BUSINESS ADDRESS AND CORPORATE
NAME WOULD ALSO BE CHANGED.
Councilman O'Brien stated that he objected to the request. He said there was a church in the neighborhood and there
would be a lot of traffic from rural areas into the valley. Mr.Farrell stated that the establishment was far beyond
the distance required by law. Councilman Minarsich stated that the company already had a liquor license, they
requested transferring another existing license to the Fountain Hills store. Mr. Farrell stated that they may have
requested the transfer to keep an existing license active. He also stated that the existing license might not be a Series
9 license. Mr. Farrell said that the State could grant a request without local approval. Judge Shoob stated that a
Series 9 license is all packaged liquor. Councilman Minarsich stated that they have sold beer and wine since they
opened in that location and he did not see a problem with it. Councilman Minarsich made a MOTION to approve
the application. SECONDED by Mayor Cutillo. Councilman O'Brien asked if there were any cases where the
approval of a liquor license was thought to be contributory to damages. Mr.Farrell said not at the local level. He
stated that the license was granted by the state. He said there was no statutory liability on the part of the State.
Motion CARRIED with a five aye vote to one nay vote cast by Councilman O'Brien.
AGENDA ITEM#5 -MONTHLY REPORT BY MAGISTRATE SHOOB.
Magistrate Shoob stated that although the month had been light the Court had held its second jury trial in August.
He said that within a few months he would request that the Council consider funding the collection officer position
when the grant money was gone. Councilwoman Tibbetts asked what the Wary would be if the Town took over
the responsibility when the Grant ran out. Magistrate Shoob stated that it would be approximately$30,000. He said
that the last five months' total collections had been approximately$20,000. Magistrate Shoob said that he felt the
position would always pay for itself.
AGENDA ITEM#6 - TOWN MANAGER'S REPORT.
#6.A.1. Project update(with possible direction from the Council for appropriate action). Approval of change
order #6 for the street paving project, adding drainage pipes and structures on Deerskin, Ivory, and 3
locations on Trevino. Mr. Harrel stated that the paving in work zone one was almost completed. He said a lot of
paving had been completed in work zone two and they had started in work zone three. Mr.Harrel stated that change
order#6 was for the addition of drainage structures at the locations indicated. He said the bid was well under what
had been anticipated. Mr. Harrel said the total authorized additional funds his department requested was$85,000.
Mr. Harrel stated that he would discuss change order#7 and then he would answer the Council's questions.
#6.A.2. Approval of change order#7 for the street paving project,adding paving on Palisades from El Lago
north to the transition frontage road and on Ocotillo from Palomino to Mustang. Mr.Harrel said change order
Minutes of the Regular Session of the Town Council 09/03/92
Page 2 of 6
7 was for two additional roads. He said one road would be between El Lago and Palisades. Mr. Harrel stated the
existing roadway was twelve feet wide and had a very dangerous sharp curve in it. Mr. Harrel stated that the street
would be twenty-four feet wide. He said the other street was only about five hundred feet long,between Mustang
and Palomino. Mayor Cutillo asked if Mr. Harrel thought the change orders were too high. Mr. Harrel said they
were higher than the original contract, but that was to be expected with change orders. He said they had already
negotiated them down. Councilwoman Tibbetts asked if any problems had been discovered as a result of the heavy
rains. Mr.Harrel said there were not problems except the delays in the time schedule. Councilman Minarsich asked
if the work in front of the school on El Sobrante had been completed. Mr. Harrel said it was not completed and
explained what they would be doing there. Councilman Minarsich made a MOTION to approve change order 6,
to Construction 70, in the amount of $85,456.18 and change order 7, to Construction 70, in the amount of
$22,016.66. SECONDED by Councilwoman Tibbetts and CARRIED unanimously.
#6.A.3. Consideration of the resolution submitted by the Town of Carefree to the 1992 Resolutions Committee
of the League. The resolution urges legislation which will grant municipalities the right but not the duty to
enforce CC&R's imposed on property by a subdivider. Mr. Nordin said that Carefree, Arizona, had asked
Fountain Hills to co-sponsor the resolution with them. He said he and Mr.Farrell had had discussions on the legality
of such a resolution. Mr. Farrell stated that he thought the Council should request an opinion from the State's
Attorney General about whether legislation could be drafted that would bring a third party into what had been a
traditional contractual relationship. Councilwoman Tibbetts stated that she had requested the same information from
the three representatives and had heard from one of them. She said Senator Phillips had responded and she thought
he would be a good one to contact again. Mr. Farrell stated that we should ask if the Legislature would insert a
governmental entity between two parties to a contract. Mayor Cutillo made a MOTION that the Council instruct
Mr. Farrell to contact Senator Phillips for follow-up on the resolution. SECONDED by Councilwoman Tibbetts.
Ms.Petroff asked for an explanation of the resolution. Mayor Cutillo explained. Motion CARRIED unanimously.
Lir AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1992-25,ESTABLISHING A FEE SCHEDULE
FOR EASEMENT ABANDONMENTS.
Mr.Jeppson said the easements were placed on properties for use by the utilities and for drainage. He said almost
all the utilities were installed in the streets and the drainage had been channelled to go toward the street and therefore
the easements were not used. Mr. Jeppson stated that citizens would request the abandonment of the easement on
their property so that they could make capital improvements on the property. He said easement abandonments took
approximately four and a half hours of the assistant planner's time, an hour and a half of the engineer's time and
staff estimated that the Town's direct cost to process one request was$198.00. Mr.Jeppson stated that other cities
and towns were surveyed to see what they charged. He stated that staff recommended that the Council approve the
request. Councilman Minarsich stated that residents should have to pay for the exclusive use of the easement. He
made a MOTION to adopt Resolution 1992-25 and establish a fee for easement abandonments at$200 according
to staff's recommendation. SECONDED by Councilman O'Brien and CARRIED unanimously.
AGENDA ITEM #8 - CONSIDERATION OF ORDINANCE 92-08, AMENDING THE TOWN CODE
CHAPTER 15 SUBDIVISION REGULATIONS, ARTICLE II PROCEDURES AND REQUIREMENTS
SECTION 202 PRELIMINARY PLAT REVIEW AND SECTION 206 FINAL PLAT BY ESTABLISHING
NEW FEES; AND DECLARING AN EMERGENCY.
Mr. Nordin stated that the ordinance would bring the subdivision fees in line with the fees that the Town a'
charged. He said staff recommended approval and said the two documents needed to be consistent. Coup'
Tibbetts made a MOTION to approve as requested. SECONDED by Councilman Minarsich ane
unanimously. A roll call vote was taken and the results were as follows:
Minutes of the Regular Session of the Town Council 09/03/92
Page 3 of 6
Mayor Cutillo aye
Vice Mayor Fox aye
Councilman O'Brien aye
Councilman Hudson aye
Councilman Minarisch aye
Councilwoman Tibbetts aye
The results of the roll call vote were six aye votes to no nay votes.
AGENDA ITEM #9 - DISCUSS AND REVIEW POSSIBLE REVISIONS TO THE EXISTING ZONING
ORDINANCE CONCERNING PROPOSED AMENDMENTS TO THE TEMPORARY SIGN
REGULATIONS, RECREATIONAL VEHICLE STORAGE AND PARKING, AND HILLSIDE
DISTURBANCE REGULATIONS.
Mayor Cutillo stated that the public could address hillside and recreational vehicle parking issues that the Council
had discussed at the previous work study session. Ms.Erna Charles stated that she was opposed to the storage and
parking of recreational vehicles in Fountain Hills. She said that she felt the property values were lowered and it was
not pleasant to look at them. Ms.Charles stated there were three storage facilities in Fountain Hills where they could
be stored. Mr. Greg Phillips spoke in favor of recreational vehicles. Councilwoman Tibbetts stated that what the
Council was discussing were the proposals from Planning and Zoning. She said the public could get a copy of them
and review them before the public hearing. Ms.Petroff asked where the copies were available and,Councilwoman
Tibbetts said at town hall. Mr.Jeppson stated that there was a copy of the zoning ordinance in the library. He said
that he would give a copy of the proposed changes to anyone who came into town hall. Mr.Jeppson discussed the
sign ordinance. He said the existing sign ordinance did not allow any signs in the public rights-of-way. Mr.
Jeppson stated that the proposed change would allow just the opposite,they would be permitted in the rights-of-way
but not on private property. He said the signs would have to be at least three feet behind the curb or ten feet from
the pavement if there was no curb. Councilman O'Brien asked if staff proposed to allow signs on vacant lots. Mr. No)
Jeppson stated that the Town would not support the "no-sign on vacant lots" issue. Mr. Farrell stated that he did
not think the Town would be able to enforce a no-sign policy. Mr.Jeppson said the sign policy enforcement was
very difficult. Councilman O'Brien asked what the means of enforcement would be. Mr. Jeppson said that signs
could be confiscated. Vice Mayor Fox asked about the sign policy and the enforcement of it. Marshal Gendler
stated that the Marshal's Department had just started a program to remove the signs that were attached to town
property and street signs. He said they took them back to the people that they belonged to and explained the code
to the sign owners. Marshal Gendler stated that he would publish an article in the local newspaper. Councilman
O'Brien asked how the Town would keep signs from being installed on private property. Mr. Jeppson stated that
that was not a staff recommendation, it was a Planning and Zoning Commission recommendation. He said that a
right-of-way permit was needed to install a sign in the right-of-way. Vice Mayor Fox said he wanted the twelve
month period changed to four or six months for signs that announced future development. Councilwoman Tibbetts
stated that the type of sign should be stipulated. Councilwoman Tibbetts said that the verbiage should be specific
regarding the type of property on which signs would be permitted. She stated that the model home flag verbiage
should be changed. Councilman O'Brien suggested changing it to read "each contiguous lot with a model home
placed upon it." Vice Mayor Fox stated that he did not like the sandwich signs that were proliferating throughout
the town. Councilman O'Brien asked if the Town could restrict the number of off-premise signs. Mr.Farrell stated
that most policies limited off-premise signs to one. Councilman O'Brien suggested that the number of off-premise
signs be limited and the "placed in right-of-way" verbiage be removed. Mr. Farrell said that would then require a
determination regarding how many signs a property could hold. Councilman Hudson stated that the Council needed
to re-write the sign section of the ordinance. The Council requested that Mr. Jeppson provide them with th'
originally proposed sign section that he gave to the Planning and Zoning Commission. Mr. Nordin requested+'
he be allowed to provide the Council with his input. Councilman Hudson referred to the special event sectir
stated that there needed to be a time limit for signs before the event. Councilman Minarsich stated that t'
Minutes of the Regular Session of the Town Council 09/03/92 Nog
Page 4 of 6
requested for the special events were critical for a successful event. Councilwoman Tibbetts said that the signs were
part of the crowd control that was necessary. Mr.Nordin said that Mr.Jeppson,Mr.Farrell,and he would re-write
those sections that the Council questioned. Mr.Farrell stated that if the changes brought back to the Council were
of such a substantial nature that the original public notice would not inform the public of what was going to be
discussed, the case should go back to the Planning and Zoning Commission. Mayor Cutillo stated that the topic
would be dropped from the agenda for the public hearing that was scheduled for thirty days hence. Councilman
O'Brien asked if what was presented to the public would be what the Council proposed. Mr.Farrell stated that there
would be a document provided to the public that would be a combination of what existed and what the Council had
suggested that evening. Vice Mayor Fox made a MOTION to amend the Ordinance Sections 24 and 26 to the
schedule approved by the Council,the Public Hearing to be October 8 and the Council Public Hearing to be October
20 which would be a special meeting and would be adopted at that meeting. SECONDED by Councilman Minarsich
and CARRIED unanimously.
AGENDA ITEM#10 - CALL TO THE PUBLIC.
Mayor Cutillo made the call to the public. There was no discussion.
AGENDA ITEM#11 -PURSUANT TO A.R.S.38-431.03.A.3,VOTE TO GO INTO EXECUTIVE SESSION
FOR DISCUSSIONS OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR
ATTORNEYS OF THE PUBLIC BODY.
Vice Mayor Fox made a MOTION to go into executive session after a brief recess at 8:42 p.m. SECONDED by
Councilwoman Tibbetts and CARRIED unanimously. The Town Council went into executive session at
approximately 8:43 p.m.
AGENDA ITEM#12 - RETURN TO REGULAR SESSION AND ADJOURNMENT.
The Town Council returned to regular session at 9:38 p.m. Vice Mayor Fox made a MOTION to adjourn.
SECONDED by Councilman Minarsich and CARRIED unanimously. The Town Council adjourned at
approximately 9:39 p.m.
Minutes of the Regular Session of the Town Council 09/03/92
Page 5 of 6
TO rTAIN HIL
J
By:
John . Cutillo, yor
ATTEST: C?�✓ �/J
Cassie B. Hansen, Town Clerk
PREPARED BY
L ' L. Brats er, 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 3rd day of September 1992. I further certify that the meeting was
duly called and thatat a quorum was present.
DATED this -Si- day of October 1992.
1-44-- J3 • LAAZA--)
Cassie B. Hansen, Town Clerk
j
Minutes of the Regular Session of the Town Council 09/03/92
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