HomeMy WebLinkAbout1991.0815.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL
AUGUST 15, 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, August 15. 1991 . in the
Council Chambers of the Fountain Hills Town Hall Offices located at 16836 E.
Palisades Blvd. , Building C, Fountain Hills. Arizona.
ROLL CALL - Following the pledge to the flag and the invocation by Reverend Doug
Jackson 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 Charlie fox, illy
Hudson, Mike Minarsich and Peg Tibbetts and Bill O 'Brien. Also present were Town
Manager Paul Nordin, Town Attorneys Bill Farrell and Nick Dottermann, Associate
Planner Loras Rauch and Town Clerk Lassie Hansen.
AGENDA ITEM #2 - ACCEPTANCE OF THE MEETING MINUTES OF APRIL 30 AND JUNF_._0, 1991.
Councilwoman Tibbetts made •a MOTION to accept the minutes. SECONDED by Vice
Mayor Clark and CARRIED unanimously.
AGENDA ITEM #3 - TOWN MANAGER'S REPORT:
3.A.1. - Beeline Highway update.
410, Mr. Nordin recounted his meeting with the Mayor and Mr. Charles Cowan, the new
director of ADOT. He said that both the Mayor and he came away with the feeling
that Mr. Cowan understood their point of view and reported that Mr. Cowan had
pledged that he would do everything he could to move the project along as fast
as he possibly could. Mr. Nordin also told the Council that ADOT was having a
negotiation meeting with the engineers tomorrow and that both sides expected to
shortly conclude the negotiations on the engineering contract. He said he had
received a copy of the final scope of work for the Beeline project
3.B.1. - Photographs of Councilmembers for the Council Chamber
Mayor Cutillo reiterated from Tuesday's meeting that the consensus of the five
Councilmembers present at the work study session had been to have pictures taken
of the Council but that he would like input from the remaining two
Councilmembers. After receiving comment that Councilmembers would prefer
individual photos, Mayor Cutillo made a MOTION to direct staff to pursue and
follow up on photographing the Council for future recognition and posterity.
SECONDED by Vice Mayor and CARRIED unanimously.
AGENDA ITEM #4 - RESOLUTION 1991-37, ENDORSING THE PARTICIPATION OF THE TOWN OF
FOUNTAIN HILLS IN THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY'S VAN POOL.
Eddie Cain, an account executive with the Regional Public Transportation
Authority (RPTA), introduced his associate, Amanda Nelson. who was also an
account executive. He explained that they were third party contractors with Van
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Page 1 of 5
Pool Services Inc. , a subsidiary of Chrysler Corp. and that they provided vans
throughout the valley in an attempt to promote van and car pooling. He said they
had about 26 running right now. He explained that they also subsidize a certain
amount of the van, lending the vans to employers throughout the valley. Mr. Cain
supplied the Council with a timeline of getting vans in place that would help
reduce the number of cars on the Beeline Highway. He said they were a ride share
agency that tried to match people up with van and car pools. They would find
drivers for vans and those people would get to ride for free. With that free
commute, the driver would be responsible to make sure the van was gassed up, that
the routine maintenance was done and that fares were collected. He said the cost
of the van was close to $700 and that their office, through the Department of
Environmental Quality, would pay a subsidy of about $300. The balance of the
payment was then picked up by the riders. He said they had both public and
private users of the vans and there were very few restrictions on those who
wanted to sign up to drive. He said there was a one million dollar insurance
policy with a four million dollar umbrella for all coverage. He further
explained that they had put together a data base that identified all major
employers in the east valley, the employers that were affected by TRP and tried
to match them up with people that were living in the Fountain Hills area. Mayor
Cutillo made a MOTION to adopt Resolution 1991-37. SECONDED by Councilman
O'Brien and CARRIED unanimously.
AGENDA ITEM #5 - RESOLUTION 1991-38, SUPPORTING AND URGING THE INCLUSION IN THE
1991/92 LEAGUE OF ARIZONA CITIES AND TOWNS MUNICIPAL POLICY STATEMENT, A
RESOLUTION SUPPORTING THE CONTINUATION OF THE CURRENT METHOD OF DISTRIBUTION OF
STATE COLLECTED. LOCALLY SHARED REVENUES TO CITIES AND TOWNS.
Mr. Nordin explained that this was a very important resolution and would make the
Town a very active player in the League conference coming up to ensure that this
resolution was passed so that a united front could he taken to the Legislature
in telling them to "leave our money alone". Councilman Minarsich made a MOTION
to adopt Resolution 1991-38. SECONDED by Councilman Fox and CARRIED unanimously.
AGENDA ITEM #6 -RESOLUTION 1991-39, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST
IT HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT AFFECTING
ALONG EAST SIDE OF LOT 18 AND THE WEST SIDE OF LOT 17 IN BLOCK 2,_OF PLAT 107A�
AND FOUNTAIN HILLS, ARIZONA AS RECORDED IN BOOK 149 OF MAPS, PAGE 18, RECORDS
OF MARICOPA COUNTY, ARIZONA.
Councilman Fox made a MOTION to adopt Resolution 1991-39. SECONDED by
Councilwoman Tibbetts and CARRIED unanimously.
AGENDA ITEM #7 - ORDINANCE 91-10�v AMENDING ORDINANCE 90-2 BY, PER A.R.S. 38-
431 .02.A.3. , RESTATING WHERE ALL PUBLIC NOTICES OF THE MEETINGS OF THE PUBLIC
BODIES WILL BE POSTED.
Mr. Farrell explained that moving the meeting place of the Council precipitated
this ordinance and that in the interest of attempting to make it clear to the
citizens where the notices would he posted, that we would take the opportunity
to repeat the three official designated posting places and give notice that the
meetings would be held here. Councilman Hudson made a MOTION that, conforming
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with Section 2-5-3 of the Town Code, since the title of the ordinance had been
read, that the reading of the entire ordinance be waived. SECONDED
Councilwoman Tibbetts and CARRIED unanimously. Councilman Hudson then made
MOTION to adopt Ordinance 91-10. SECONDED by Vice Mayor Clark and CARRIED
unanimously.
AGENDA ITEM #8 - ORDINANCE 91-11, 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, AMENDING ARTICLE XVIIII SECTION 18.2,
PERTAINING TO PERMITTED USES IN THE C-1, NEIGHBORHOOD COMMERCIAL ZONING DISTRICT.
Ms. Rauch explained that this was an ordinance that had been brought to the staff
by the architect for the McDonald 's. She said the Planning and Zoning Commission
was recommending that the Council approve an ordinance to allow outdoor dining
in the C-1 zoning district through a special use permit process. She clarified
that McDonald 's had requested this so that they could come before the Council at
some future date to request a special use permit, which, as the code currently
read, they could not do. She said the item had been misrepresented in the paper,
giving many residents the impression that the Council would be. at this meeting,
approving outdoor dining for McDonalds. Councilman Hudson made a MOTION that,
conforming with Section 2-5-3 of the Town Code. since the title of the ordinance
had been read, that the reading of the entire ordinance be waived. SECONDED by
Councilwoman Tibbetts and CARRIED unanimously. Councilman Minarsich made a
MOTION to adopt Ordinance 91-11 . SECONDED by Councilman Fox and CARRIED
unanimously. Jane Bell told the Council that she lived on Monterey, up behind
McDonalds, and that there were existing situations such as noise that were
_`.. bothersome already. She expressed her fears that, with outside dining, these
conditions would worsen and that safety would also become a factor because the
traffic patterns were so bad.
AGENDA ITEM #9 - ORDINANCE 91-12i LEVYING UPON THE ASSESSED VALUATION OF THE
PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM
UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE
AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR BOND
REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR
THE FISCAL YEAR ENDING THE 30TH DAY OF JUNEJ_1992.
Mr. Nordin told the Council that this was the last item that needed to be
approved in order to finalize the budget for the present fiscal year. He said
that the final numbers were in from the County and L'ere $83.3 and change and that
the passage of this ordinance would take care of making the necessary assessments
so that we could begin to repay our bond issue for the construction of the roads.
Councilman Hudson made a MOTION that, conforming with Section 2-5-3 of the Town
Code, since the title of the ordinance had been read, that the reading of the
entire ordinance be waived. SECONDED by Councilwoman Tibbetts and CARRIED
unanimously. Councilman Fox made a MOTION to accept ordinance 91-12. SECONDED
by Councilman Minarsich and CARRIED unanimously. Mr. Nordin told Doris Dugger
that the "certain sum" was $361 , 980 required to be levied and that with the
$83,350,000 assessed valuation divided by 100, that we were talking about 43.4
cents per hundred of assessed. He said it would be $43.40 on a home of $100,000.
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AGENDA ITEM #10 - ORDINANCE 91-13, AMENDING SECTION 2-4-7.B. OF THE TOWN CODE TO
SPECIFY HOW ORDER AND DECORUM SHALL BE PRESERVED AND QUESTIONS OF ORDER DECIDED
N41)AT PUBLIC MEETINGS.
Councilman Minarsich said he had received a number of phone calls after
Councilman Hudson 's column had come out in the Sentinel regarding what code the
Council was violating. He said he assumed that the code they were violating was
not reading the entire ordinance. He continued by saying he would like to see
some sort of policy that items like this be discussed with the Council in a
public meeting prior to them being in the press so that Councilmembers could
respond to constituents ' questions. Councilman Minarsich said he would also like
to see columns, letters to the editor, etc. be preceded by a statement that the
Councilman who authors the material was not representing the entire Council .
Councilman Hudson made a MOTION that, conforming with Section 2-5-3 of the Town
Code, since the title of the ordinance had been read, that the reading of the
entire ordinance be waived. SECONDED by Councilwoman Tibbetts and CARRIED
unanimously. Mayor Cutillo made a MOTION to accept Ordinance 91-13 as written.
SECONDED by Vice Mayor Clark and CARRIED unanimously. Staff was directed to
compose an ordinance that would alleviate the necessity of having to continually
waive the reading of the entire ordinance.
AGENDA ITEM #11 - APPROVAL OF THE FINAL PLAT FOR FOUNTAINHEAD AT LAKESIDE
CONDOMINIUMS PHASE 3 AND 4.
Mr. Nordin told the Council that staff had prepared a motion which set forth four
stipulations in the approval of this final plat. He said they had spoken with
the developer 's engineer and that they were in agreement with these stipulations.
Ms. Rauch said staff felt comfortable in recommending approval of the final plat
44;)
given the stipulations mentioned by the Town Manager. She said the Fire
Department had asked her to point out that the chosen method that this developer
had used for their fire protection were sprinkler systems in their buildings and
that these were the first in Fountain Hills. Mayor Cutillo said he wanted to
point out that, if the Council approved this final plat with the stipulations for
completion, that they would be doing it because they felt there was a need to
show some cooperation between the developer and Town policy. He said they were
not required to do this since all of the requirements had not been met, but that
he would like to see them do it to keep the project moving, stressing that he
wanted the people involved to know that it was being done in a sense of
cooperation. Vice Mayor Clark made a MOTION to approve the final plat for
Fountainhead at Lakeside Condominiums Phase 3 and 4 with the following
stipulations:
1. all of the improvement plans were to be approved by the Town prior to
the recordation of the final plat
2. a letter of credit for the improvements to be received by the Town prior
to the recordation of the final plat
3. conveyance and dedication statements on the final plat to be approved
by the Town prior to the recordation of the final plat
4 . Maricopa County Health Department, Chaparral City Water Company,
Fountain Hills Sanitary District and the Fountain Hills Fire District
approval of the water and sewer improvement plans prior to the
recordation of the final plat.
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4441)Page 4 of 5
SECONDED by Councilman Hudson. Councilman Fox asked if there was a feeling b'
the developer that the Town had net been responsive or acted appropriately. Dan
Pryor, the developer 's engineer from Anderson Nelson, explained that the Town had
been cooperative. He said there had been some disagreement on some of the items
but that they had been resolved and were moving forward. Mr. Pryor said that two
of the stipulations put forth in the motion had already been taken care of and
that they were hoping to get the final plat back to the Town on Monday. The
motion CARRIED unanimously.
AGENDA ITEM #12 - PURSUANT TO A.R.S. 38-431.03.A.3, VOTE TO GO INTO EXECUTIVE
SESSION TO DISCUSS AND/OR RECEIVE LEGAL ADVICE FROM THE ATTORNEY OR ATTORNEYS OF
THE PUBLIC BODY.
Councilman Hudson made a MOTION to go into executive session. SECONDED by Vice
Mayor Clark and CARRIED unanimously.
AGENDA ITEM #13 - CALL TO THE PUBLIC.
No one addressed the Council .
AGENDA ITEM #14 - GO INTO EXECUTIVE SESSION/RETURN TO REGULAR SESSION.
The Council recessed the regular session to go into executive session at
approximately 7:25 p.m.
AGENDA ITEM #15 - ADJOURNMENT.
LThe Council returned to regular session at approximately 8:59 p.m. Councilman
"inarsich made a MOTION to adjourn. SECONDED by Councilwoman Tibbetts and
CARRIED unanimously. The Council adjourned the regular session at approximately
9:00 p.m.
TO1 N OF FOUNTAIN HILLS
By:
John N. Cutillo, Mayor
ATTEST:
CIA/JA-A:A..,___
Cassie B. Ilansen. Town Clerk
CERTIFICATION
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
15th day of August, 1991. I further certify that the meeting was duly called and
that a quorum was present.
/EL-4-A-"J
DATED this .S1 day of September, 1991 . (
Cassie B. Hansen, Town Clerk
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