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HomeMy WebLinkAbout1993.0603.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 3, 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, June 3, 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 Councilman Fox, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Bill O'Brien and Councilmembers Charlie Fox, Peg Tibbetts, Wally Hudson, Michael Minarsich, and Frank Clark. Also present were Town Manager Paul Nordin, Director of Community Development Gary Jeppson, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Administrative Assistant Marcia Jewett. There were no consent agenda items. AGENDA ITEM #2. - CONSIDERATION OF THE MEETING MINUTES OF MAY 20, 1993. Councilman Minarsich MOVED to accept the meeting minutes of May 20, 1993. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #3. - MAGISTRATE REPORT BY JUDGE STUART SHOOB. Councilman Hudson asked Magistrate Shoob when the grant expired for the collection officer and Magistrate Shoob said last April. Under authorization of the Council he had been on Town funds since that time. AGENDA ITEM #4. - DISCUSSION WITH MEMBERS OF MS NESS' FIFTH GRADE CLASS FROM FOUR PEAKS ELEMENTARY SCHOOL ON THEIR COMPOSITIONS WRITTEN TO THE COUNCIL ON "COMMUNITY CHANGE". Mayor Cutillo welcomed the fifth grade class. The Councilmembers addressed some of the students concerns and questions. AGENDA ITEM #5. - MAYOR'S REPORT: #S.A. Landfill Siting Report. Mayor Cutillo reported the Town of Fountain Hills would be expected to participate financially if our vote was to count. The first phase required $2,100 and at least that amount would be needed in the second phase. He felt it wasn't necessary to participate unless it was done as a good neighbor. The landfill would not be in an area where our trash would go, but instead a transfer station would be used. The landfill would be located in the Queen Creek area. Councilman Hudson asked why Phoenix wasn't included and Mayor Cutillo said they had their own landfill and would go to counties northwest of the site. #S.B. Report on the May 26,1993 MAG meeting. Mayor Cutillo said the County staff had recommended a charge be imposed for copies of the packet. It was decided and passed that the packet would be provided until the number of people who requested a copy reached 15. At that time it would be revisited and another decision would be made. Minutes of the Regular Session of the Town Council 06/03/93 Page 1 of 5 The MAG staff said it would be some time before a decision was made on toll roads because it was illegal to commingle public money with private money to build toll roads. It was expected the EPA would publish the approved House Bill 21-29 that dealt with air quality. AGENDA ITEM #6. - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) #6.A. Intergovernmental Agreement with Maricopa County for Disaster and Emergency Management Services Mr. Nordin said if Council approved the Intergovernmental Agreement they would help the Town develop an emergency operation plan and assist with disasters and disastrous planning. The Town would pay the County an assessment of approximately $1,200. Councilman Hudson asked if neighboring communities were part of the pool and Mr. Nordin said they were going through the same process to obtain approval from their Councils. Councilman Hudson MOVED approval of the Intergovernmental Agreement for disaster and emergency management services. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. #6.B. Award of bid for the Street Department trailer. Three (3) bids were received, two (2) of which the Town Attorney said were illegal and not in proper form and the third bid was the highest bid. Mr. Nordin recommended the three (3) bids be rejected and the project be re -bid. The re -bid would be done as soon as possible and the bid would be brought back to Council by the end of the month. Councilman Fox MOVED to reject all bids for the street department office trailer. SECONDED by Councilman Hudson and MOVED unanimously. #6.C. Update on the Beeline Highway. Mr. Nordin said ADOT had not come to an agreement with the Indian Tribe relative to single source contracting. The single source contracting issue had two (2) main components - single source contracting for materials and single source contracting for labor. An agreement was possible with the Indian Tribe relative to materials but there would not be an agreement, according to the ADOT officials, with regard to single source labor contracting. Mr. Larry Bonne, director of ADOT, would meet with the Tribal chairman and ADOT would present Mr. Nordin with an update. Councilman Fox asked Mr. Nordin if forced to, could ADOT build a divided four lane highway and Mr. Nordin said no. There were a few locations where drainage and slope areas would encroach on the 200 foot right-of- way. Councilwoman Tibbets asked if the delay would take us out of the '93/'94 fiscal year and Mr. Nordin said every attempt would be made to get the money reallocated for '94/'95. Mary Pilarinos, from the public, said there didn't appear to be any blockage to get the landfill on the Beeline constructed. Mr. Nordin said if the Tribal Council was in agreement, that type of thing would go forward. AGENDA ITEM #7. - PUBLIC HEARING ON ORDINANCE 93-11 REZONING THE GLENVIEW SUBDIVISION FROM R1-6 TO R1-6 RUPD. Mayor Cutillo said this item had been removed from the agenda. AGENDA ITEM #8. - COUNCIL DISCUSSION AND ACTION REGARDING THE SIGN CODE. COUNCIL WILL DETERMINE WHETHER OR NOT THE PROPOSED NEW ZONING CODE WILL ALLOW OFF PREMISE SIGNS ON PRIVATE PROPERTY AND THE PUBLIC RIGHT OF WAY. Mr. Nordin said agenda items 8, 9 and 10 had been revamped since they were presented to Council. Mr. Farrell felt it would be prudent to go through an additional process regarding the approval of the proposed planning and zoning Minutes of the Regular Session of the Town Council 06/03/93 Page 2 of 5 ordinance. The process would require an approximate 30-day waiting period with a more extensive publication process. It would then be presented to Council for final public hearing and vote a month hence. Mr. Nordin said that if the entire planning and zoning ordinance was published, the Council would be limited in its ability to make changes. He asked Council for direction on Agenda Item #8 and whether the new proposed amendment, entitled "No Off -Premise," or the present one would be used. Chapter 6 - Sign Regulations, Section E. Off Premise Signs, 3. and 4. was corrected to reference subsection g. Mayor Cutillo asked for those who were in favor of approving the off -premise signs. Paul Giblen from the Republic and Gazette asked for those members of the Council to identify as to whether they had a business which used off - premise signs. Mayor Cutillo said that was irrelevant. The following people spoke in favor of the off -premise signs: Jim Parks, 11629 Spotted Horse; Hank Lickman, MCO Realty; Jeannie Quinn, Above Ground Cafe; Joe Goyena, Palisades Boulevard; Jim Ritchie, Telegraph Drive; Betty Winn, Everview Realty; Bruce Hansen, President of the Fountain Hills Chamber of Commerce; Jennifer Kriwer, Bumblebee; Ed Dunbar, Abbey Lane; Mr. Lagare, Lagare Auction Gallery; Linda Wright-Lulkovich, Walapai; Gene Baker, La Montana Drive; James Rush, Dull Knife Drive; and Mary Campbell, Augustus. Mayor Cutillo asked for those in opposition. Those who spoke in opposition were Erna Charles, and Mary Pilarinos, El Pueblo Boulevard. Mr. Jeppson showed approximately 20 slides which illustrated signs that the proposed off -premise ordinance would and would not permit. Councilman Hudson asked Mr. Farrell if many towns in the state allowed signs in public right-of-ways and Mr. Farrell said for liability reasons, the majority of codes prohibited signs in the public right-of-way. The purpose of the public right-of-way was to transport individuals and a sign in the public right-of-way created a liability hazard for the municipality. Councilman Hudson said he had received telephone calls from residents who were opposed to signs in the public right-of-way and people did not want the Town cluttered with signs. He felt the directional signs had nothing or little to do with the number of houses sold and was very opposed to signs in the right-of-way. Another key factor was content, and the Town had no right to control what the sign said. Mr. Farrell stated there were directional, informational, warning, and emergency signs that were permitted. If a permitted sign was in the right-of-way, the liability was diminished. If a non -permitted sign was in the right-of-way, the liability was increased. Councilman Minarsich said he supported this ordinance but felt more control would need to be taken. Councilman Fox asked what would constitute a violation and felt that the issue would need to be clarified The Marshal would need to enforce this ordinance and clarification was necessary. Councilwoman Tibbetts felt alternatives should be considered, i.e. a central community area where people would come to obtain information. Vice Mayor O'Brien supported the off -premise signs with the understanding it be reviewed in a year. Councilman Clark said it had taken two (2) years to put this ordinance together and had not been put together in haste. He felt if this was passed and enforced, the signage situation would improve and it could be modified at any time in the future. Councilman Minarsich said the number of directional signs should be regulated and better defined and that fines would also need clarification. He felt alternatives would need to be considered immediately. Mr. Nordin said that staff did not have the ability to regulate the number of signs. Each individual sign constituted a separate violation and the Judge would rule on the violation. Councilman Fox felt a task force was an excellent idea and a uniform garage sale sign should be considered. He also recommended that the Chamber issue them. Mayor Cutillo MOVED to accept the proposed sign code as presented with the stipulation that the access median be allowed as an off -premise sign allowance. SECONDED by Councilman Minarsich. Mr. Nordin read the code currently presented. A roll call vote was taken and the results were as follows: Minutes of the Regular Session of the Town Council 06/03/93 Page 3 of 5 , Mayor Cutillo aye Councilman Hudson nay Vice Mayor O'Brien aye Councilman Fox aye Councilman Clark aye Councilman Minarsich aye Councilwoman Tibbetts nay The motion PASSED five (5) aye votes to two (2) nay votes. Mayor Cutillo recessed the Regular Session at 8:34 p.m. and went into the Public Hearing. AGENDA ITEM #9. - PUBLIC HEARING ON THE PROPOSED AMENDED ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, JUNE 3, 1993, CHAPTER 17 OF THE TOWN CODE. Mayor Cutillo asked for those who would like to speak in favor of the proposed town code. No one came forward. Mayor Cutillo then asked for those who were opposed. Mr. Richard Myers presented his concerns regarding the codes' prohibition of guest houses. Mr. John Martin from California and owner of the parcel in question made statements to the Council and their intent of what they wished to accomplish in the construction of a guest house on their property. Mr. Jeppson supplied the necessary verbiage to address these concerns. Councilwoman Tibbetts felt this was a valid use, with the stipulations included, and was being planned on adequate land. Vice Mayor O'Brien asked if this would be restricted to those zoning areas. Mr. Jeppson said that would be a decision of the Council but the R1-10 zone could be put on a 20,000 square foot lot. Vice Mayor O'Brien asked if this would be dependent on only those zoning districts. Mr. Jeppson said only those lower density lots which had the type of development where a guest house would be conducive would be more suitable. Councilman Clark asked if action was taken, would that delay the final decision. Mr. Farrell said the final decision on the June 3rd version would be adopted as a public record. It would not go into affect but would be printed in the published versions, and would then be presented for final adoption with the ordinance. The Council returned to Regular Session at 8:40 p.m. AGENDA ITEM #10. - CONSIDERATION OF RESOLUTION 1993-16, DECLARING THAT CERTAIN DOCUMENT KNOWN AS THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, TUNE 3, 1993, CHAPTER 17 OF THE TOWN CODE, A PUBLIC RECORD PURSUANT TO A.R.S. 9-801 Councilman Minarsich MOVED to adopt Resolution 1993-16 declaring that certain document known as the zoning ordinance for the Town of Fountain Hills, June 3, 1993, Chapter 17 of the Town Code, a public record pursuant to A.R.S. 9-801 with the inclusion of Section 10.02.11.2. SECONDED by Mayor Cutillo and CARRIED unanimously. AGENDA ITEM #11. - CALL TO THE PUBLIC (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE 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. Mr. Bill Tessmer spoke on behalf of a friend who lived on Kingstree who was concerned about the landfill the Indians were building and the odor. He asked if the staff could look into Minutes of the Regular Session of the Town Council 06/03/93 Page 4 of 5 , this to determine if the EPA and air quality were being followed by the Indians. Mayor Cutillo asked Mr. Tessmer to call the Town Manager regarding this matter. AGENDA ITEM #12. - ADJOURNMENT. Councilman Minarsich MOVED to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 8:55 p.m. ATTEST: e"' �16 .I Cassie B. Hansen, Town Clerk TOWN OF FOUNTAIN HILLS By: J M. Cutillo, Mayor PREPARED BY: Marcia M. Jewett, Admin. Agsist. CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by the Town Council of Fountain Hills on the 3rd day of June,1993. I further certify that the meeting was duly called and that a quorum was present. DATED this 11 4'k day of June 1993. 0"-� 4. U'� - Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 06/03/93 Page 5 of 5 TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 15, 1993 A Special Session of the Fountain Hills Town Council open to the public was convened and called to order by Mayor Cutillo at 6:30 p.m., Tuesday, June 15, 1993, in the Fountain Hills Town Hall Council Chambers located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Councilwoman Tibbetts roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Bill O'Brien, Councilmembers Peg Tibbetts, Wally Hudson, and Frank Clark. Councilmember Mike Minarsich came in at 6:35 p.m. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Accountant Julie Ghetti, and Information System Technician Peter Putterman. Cassie Hansen read Councilman Foxs' letter of resignation from the Fountain Hills Town Council into the record, a true and correct copy of which is attached. AGENDA ITEM #2. - CONSIDERATION OF THE RESIGNATION OF COUNCILMAN CHARLIE FOX. Mayor Cutillo said Mr. Fox worked very hard for Fountain Hills and this latest move was another step in what he felt was the best thing he could do for Fountain Hills. Mayor Cutillo MOVED to accept the resignation of Charlie Fox. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #3. - CONSIDERATION OF ESTABLISHING A POLICY TO FILL, BY COUNCIL APPOINTMENT, VACANCIES ON THE TOWN COUNCIL Mayor Cutillo suggested each Councilmember give names of nominations to the Town Manager who would set up interviews. The Council would interview the individuals and a vote would be taken at the Regular Session. Councilman Clark MOVED to accept the procedure. SECONDED by Councilwoman Tibbetts. Bill Tessmer, E. Rand Drive, said the Council was to serve the people and should be elected by the people. He felt an alternative should be considered. Mary Pilarinos, El Pueblo Blvd., asked what the requirements were and if they were posted. Mr. Farrell said the individual had to be 18 years of age, a registered voter and a resident in the community for one (1) year. The state law required that in general law cities and towns, council vacancies be filled by Council appointment. There was no authority to hold a special election to fill the term. Mr. Nordin asked Mr. Farrell if the Council had to reappoint and Mr. Farrell said there was no time limit stated as to when the appointment had to be filled. Motion CARRIED unanimously. Minutes of the Town Council Special Session - 06/15/93 Page 1 of 5