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Home My WebLink About1991.0502.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 2, 1991 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 2, 1991, 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. Gilbert of the Fountain Hills Baptist Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Frank Clark and Councilmembers tally Hudson. Mike Minarsich. Bill O'Brien, Peg Tibbetts and Charlie Fox. Also present were Town Manager Paul Nordin, Town Attorneys Bill Farrell and Nick Dottermann, Director of Community Development Gary Jeppson and Town Clerk Cassie Hansen. AGENDA ITEM #2 - TOWN MANAGER'S REPORT A.I. Update on the Beeline Highway Mayor Cutillo publicly- thanked everyone who attended the ADOT meeting in Phoenix. Mr. Nordin reported that the Tribal Council had authorized their attorney to begin to go over the language in the contract proposed by ADOT. His conversation with Dalis Saxton had to do with the temporary improvements to the Beeline and Mr. Nordin reported that those improvements had begun. The engineering contract (610 had not been entered into yet by the engineering firm principals but Mr. Saxton had said that they were looking at a four week period in which to finish the negotiations and sign a contract . A.2. Update on Sheriff Department activity by Captain Hendershott Mr. Nordin introduced the Captain by saying he was the third Captain for this area since incorporation and was very intent on supplying Fountain Hills with good police protection and service. Captain Hendershott told the Council that he was striving for excellence in Fountain Hills . He reported on the positive things that he saw happening in the town which included: community based policing project to handle neighborhood problems when they 're small; operation notification to identify businesses so that they can more easily be contacted; operation identification where citizens will receive assistance in marking their valuable items: home security surveys where residents will receive an evaluation by trained staff to identity where their security may be lacking; "are you O.K. program to keep track of the status of the elderly or intirmed: the -tag a tot" program where children entering the river (or town events ) are given a hospital type bracelet to I.D. the children in case they are lost; commercial trucking enforcement program to keep trucks off of the roads that were not meant for truck traffic: and special event processing where the event goes through the Town first. B.1 . Increasing the hours of the Town Marshal Town Council Minutes 5,'2/91 Page 1 of 6 • Mr. Nordin reiterated that he was recommending the Marshals hours to be increased from twenty hours to twenty six hours in order to allow him more time to work on complaints and supervise the reserve program. Vice Mayor Clark made the MOTION to increase the Marshal 's hours to twenty six hours a week. SECONDED by Councilman Minarsich and CARRIED unanimously. B.2. Extension of premise request for the Alamo Mayor Cutillo said that he understood that Marshal Dean was satisfied with all the information that he had acquired but that it would only permit the extension for. the 25th rather than both of the dates requested since all of the information was not available for July 4th. Marshal Dean concurred. Mayor Cutillo made a MOTION to approve the extension of premise request for the Alamo for the 25th of May. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM #3 - RESOLUTION 1991-20, REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO AUTHORIZE TRANSPORTATION ASSISTANCE FUNDS PURSUANT TO SECTION 28-2602, ARIZONA REVISED STATUTES. Councilman Fox made a MOTION to support the resolution as read. SECONDED by Councilman Hudson and CARRIED unanimously. AGENDA ITEM 114 - RESOLUTION 1991-21, AUTHORIZING THE ISSUANCE AND SALE OF TOWN OF FOUNTAIN HILLS, ARIZONA GENERAL OBLIGATION BONDS. SERIES 1991, IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OP $3,530,000 AND DECLARING AN EMERGENCY. Vice Mayor Clark made a MOTION to adopt the resolution. SECONDED by Councilman Fox and CARRIED unanimously with the following roll call vote. Mayor Cutillo aye Vice Mayor Clark aye Councilman O'Brien aye Councilman Hudson ave Councilwoman Tibbetts aye Councilman Minarsich aye Councilman Fox ave Bob Casillas reported that the Town had received, on the General Obligation Bonds, a BAA rating from Moody 's Investor Service and a BBB rating from Standard and Forbes. On the HURF bond issue, the rating from Moody 's Investor Service was a BAA and a BBB. They had received three bids on the GO bonds: Valley National Bank at 7.294 , Lehmann Brothers at 7.398o and Dean Whitter at 7.447%a It was their recommendation on the GO bond issue that the Council accept the proposal of Valley National Bank. On the HURF bond issue, two bids were received: Dean Whitter at 7.48 n and Peacock, Hislop. Staley & Given at 7.591. . It was their recommendation to accept the offer from Dean Whitter. AGENDA ITEM #5 - RESOLUTION 1991-22„ AWARDING CONTRACT FOR THE PURCHASE OP _$3,530,000 PRINCIPAL AMOUNT OF TOWN OF FOUNTAIN HILLS, ARIZONA GENERAL OBLIGATION_ BONDS. SERIES 1991 , AND DECLARING AN EMERGENCY. Town Council Minutes 5/2/91 Page 2 of 6 Councilwoman Tibbetts made a MOTION to approve the resolution as read and that fhlthe contract be given to the low bidder, Valley National Bank. at 7. ''(44 . ,. SECONDED by Councilman Hudson and CARRIED unanimously with the following roll call vote: Mayor Cutillo aye Vice Mayor Clark aye Councilman O'Brien aye Councilman Hudson aye Councilwoman Tibbetts aye Councilman Minarsich aye Councilman Fox aye AGENDA ITEM #6 - RESOLUTION 1991-23, AUTHORIZING THE ISSUANCE AND SALE OF TOWN OF FOUNTAIN HILLS, ARIZONA STREET AND HIGHWAY USER REVENUE BONDS, SERIES19911 IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $1,200,000 AND DECLARING AN EMERGENCY. Vice Mayor Clark made a MOTION to approve the resolution as read. SECONDED by Councilman Hudson and CARRIED unanimously with the following roll call rote: Mayor Cutillo aye Vice Mayor Clark aye Councilman O 'Brien aye Councilman Hudson aye Councilwoman Tibbetts aye Councilman Minarsich aye Councilman Fox aye AGENDA ITEM #7 - RESOLUTION 1991-24„AWARDINGCONZRACT FOR THE PURCHASE OF $1,200,000 PRINCIPAL AMOUNT OF TOWN OF FOUNTAIN HILLS, ARIZONA STREET AND HIGHWAY USER REVENUE BONDS, SERIES 1991, AND DECLARING AN EMERGENCY. Councilman Hudson made a MOTION that the award be given to Dean Whitter at a rate of 7.487. SECONDED by Councilman Minarsich and CARRIED unanimously with the following roll call. vote: Mayor Cutillo aye Vice Mayor Clark aye Councilman O 'Brien aye Councilman Hudson aye Councilwoman Tibbetts aye Councilman Minarsich aye Councilman Fox aye AGENDA ITEM #8 - RESOLUTION 1991_26,_ PROVIDING NOTICE OP INTENT TO ISSUE IMPROVEMENT BONDS FOR THE LOS ALTOS HILLS DEVELOPMENT. Mayor Cutillo stated that he believed this agenda item had been postponed until two weeks from tonight. Councilman Hudson made a MOTION that this item be tabled until the next regular meeting. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. Town Council Minutes 5/2/91 Page 3 of 6 AGENDA ITEM #9 - ORDINANCE 91-07, AMENDING CHAPTER 13 OF THE TOWN CODE ENTITLED) CABLE COMMUNICATIONS AND SPECIFICALLY AMENDING SECTION 13-3 DEFINITIONS BY ADDING NEW DEFINITIONS FOR THE TERMS CHANGE OF SERVICE, SERVICE CALL AND STANDARD DROP N14) AND AMENDING THE DEFINITIONS OF GROSS REVENUE AND OUTAGEt_SECTIO_N 13-7 A. REGARDING AMENDMENTS; SECTION 13-7 B. 7. REGARDING LIABILITY; SECTION 13-8 A.5. _) REGARDING SUBSCRIBER HANDBOOK; SECTION 13-9 E.8. AND 9. REGARDING REMEDIES; AND SECTION 13-12 A. REGARDING LENGTH OF TIME OF NOTICE. Councilman Fox made a MOTION to adopt the ordinance as read. SECONDED bj Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #10 - RESOLUTION 1991-27, AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO A FIFTEEN YEAR NONEXCLUSIVE CABLE TELEVISION LICENSE WITH AMERICAN CABLE TELEVISION, INC. r1r. Farrell told the Council that the draft before them reflected the changes that had been requested by them at the Tuesday night work session. He added that the changes appeared in redline and briefly went over those significant changes. Mr. Farrell , in explaining how a license transfer would be handled. said it was designed to allow the cable company to change the corporate nature without changing their- obligation to the Town. It was not designed to allow them to t:ranster to another company such as United Artists or some other cable provider without coming back before the Council . Mr. Farrell briefly went over the remaining changes which had been discussed at the Tuesday work session. Mr. Ivan Johnson told the Council that their construction people had raised a concern over the language in the second sentence in paragraph A on page six referencing boring. He said it was difficult if not imp, :ible to bore in almost all areas in Fountain Hills because of the rocky terrain. He said he had no doubt that Na)they would be able to work out how they get across streets with the Town staff and that they would coordinate very closely with the street paving program to make sure conduit was laid. He said he wanted the Town to be aware that. because of the way the license was written, they would have to approve exceptions where boring would not be possible to get across streets. Vice Mayor Clark said he felt the wording was appropriate because there was an out and it allowed staff to make exceptions on a need basis. Mr. Nordin said that staff would like to do a master permit and during that process these kind of issues would be addressed effectively. Councilman Minarsich made a MOTION to adopt: Resolution 1991-27. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM 1F11 - HOLD PUBLIC HEARING ON RESOLUTION 1991-28, DECLARING PURSUANT TO A.R.S. 9-801 AS A PUBLIC, RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "ARTICLE XXXV THROUGH ARTICLE XXXIX OF THE ZONING CODE OF FOUNTAIN HILLS AND ORDINANCE 91-06, AMENDING THE OFFICIAL ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS AS AUTHORIZED IN ARTICLE XXXI SECTION 31.1 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ADOPTING ARTICLES XXXV THROUGH XXXIX FOR THE PURPOSE OF ESTABLISHING NEW ZONING DISTRICTS AS FOLLOWS: ARTICLE XXXV OSR - OPEN SPACE RECREATIONAL ARTICLE XXXVI (RI-IOA) SINGLE FAMILY RESIDENTIAL, ARTICLE XXXVII (Rl-8A) SINGLE FAMILY RESIDENTIAL, ARTICLE XXXVIII (RI-6A) SINGLE FAMILY RESIDENTIAL, ARTICLE XXXIX NCP - NEIGHBORHOO.D COMMERCIAL AND PROFESSIONAL. The public hearing began at approximately 7:20 p.m. Town Council Minutes 5/2/91 Page 4 of 6 Mr. ieppson pointed out that there was one omission in one zone - in the R1-8.1 4110, zone, section i7.4 , number lA which dealt with the front yard setback. He sali the correct version would appear in thi adopted document . Mayor Cutillo said they would accept comment from anyone wishing to speak in favor of this zonine change. No one came forward to comment. ^savor Cutillo then asked if anyone wished to speak in opposition to the zoning change. Mr. Bob Thomas said he wanted it entered into the record that as a member of the Planning and Zoning Commission. he voted in favor of approval of Article XXXIX but that he opposed allowing mortuaries in residential areas . Mr. Thomas preferred t.) restrict mortuaries to the present C-2 zoning. " r. Dale Gardon from the Los A! t: s group commented that their feeling was that they saw no reason to exclude mortuaries from the NCP district because they all saw it as being compatible. He said _ n found more mortuaries in terms of their appearance as being more re.sidentij 1 character rather than being in a shopping district. Planned unit developments were discussed. The public hearing closed at 7:41 p.m. AGENDA ITEM #12 - RESOLUTION 1991-28, DECLARING PURSUANT TO A.R.S. 9-801 AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "ARTICLE XXXV THROUGH ARTICLE XXXIX OF THE ZONING CODE OF FOUNTAIN HILLS. Councilman Hudson made a MOTION to adopt Resolution 1991-28 with the change presented by the Planning Director. SECONDED by Mayor Cutillo and CARRIED unanimously. AGENDA ITEM #13 - ORDINANCE 91-06, AMENDING THE OFFICIAL ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS AS AUTHORIZED IN ARTICLE XXXI SECTION 31.1 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ADOPTING ARTICLES XXXV THROUGH XXXIX FOR THE PURPOSE OF ESTABLISHING NEW ZONING DISTRICTS AS FOLLOWS: ARTICLE XXXV OSR - OPEN SPACE RECREATIONAL, ARTICLE XXXVI (R1-1.0A) SINGLE FAMILY RESIDENTIAL, ARTICLE XXXVTI (RI-8A) SINGLE FAMILY RESIDENTIAL, ARTICLE XXXVIII (R1-6A) SINGLE FAMILY RESIDENTIAL. ARTICLE XXXIX NCP - NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL. Councilman Hudson made a MOTION to adopt Ordinance 91-06. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM 1114 - CALL TO THE PUBLIC. No one chose to address the Council . AGENDA ITEM #15 - PURSUANT TO A.R.S. 38-431.03.A.3. , VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION AND CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEYS OF THE PUBLIC BODY. Councilman Hudson made a MOTION to go into executive session. SECONDED by Vice Nh:..-or Clark and CARRIED unanimously. The Council recessed to executive session at approximately 7:45 p.m. AGENDA ITEM #16 - RETURN TO REGULAR SESSION AND ADJOURNMENT. (1111, Town Council Minutes r,'_'i 91 Page 3 of 6 The Council returned to regular session at approximately 8:35 p.m. Vice Mayor Clark made a MOTION to adjourn. SECONDED by Councilman Hudson any:: CARRIED unanimously. The Council adjourned at approximately 8:36 p.m. TOWN OF FOUNTAIN HILLS By: //frAostA. Zed44 John N. Cutillo, Mayor ATTEST: CAAAA-A--• 15 . /Jo...AA...IA,...) Cassie B. Hansen, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the 114) minutes of the regular meeting of the Town Council of Fountain Hills held on the 2nd day of May, 1991. I further certify that the meeting was duly called and that a quorum was present. DATED this .S day of September, 1991 . 0 • /J E -4t4- -"i Cassie B. Hansen, Town Clerk Town Council Minutes 5/2/91 Page 6 of 6 Nidi)