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HomeMy WebLinkAbout1995.1116.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE cry FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 16, 1995 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 P.M., Thursday, November 16, 1995, 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 Councilman Lawrence,roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Don Lawrence, Frank Clark, Bill O'Brien and Marianne Wiggishoff. Councilman Wally Hudson was absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell, Town Clerk Cassie Hansen,Director of Community Development Gary Jeppson,Town Engineer Randy Harrel and Planner Geir Sverdrup. Mayor Cutillo read the Consent Agenda which included the following agenda items. Agenda Item#13 was removed from the Consent Agenda at the request of Attorney Farrell. AGENDA ITEM#2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF NOVEMBER 2, 1995. AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1995-66, DESIGNATING THE ELECTION DATE AND PURPOSE OF ELECTION;DESIGNATING THE DEADLINE FOR VOTER REGISTRATION; AND DESIGNATING THE PLACE AND THE LAST DATE FOR CANDIDATES TO FILE NOMINATION PAPERS. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1995-67, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "SUPPLEMENTARY LOCAL AUDIT PROCEDURES FOR THE TOWN TAX CODE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA". AGENDA ITEM#5 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THEIR HOLIDAY EVENT, STROLL THE AVENUE. THE ANNUAL EVENT IS SCHEDULED FOR SUNDAY,DECEMBER 10,1995 FROM 4:30 P.M. TO 7:30 P.M.ON THE AVENUE OF THE FOUNTAINS. CLOSURE OF BOTH SIDES OF THE AVENUE FROM SAGUARO TO VERDE RIVER AND THE NORTH SIDE FROM VERDE RIVER TO LA MONTANA WILL BE REQUIRED. AGENDA ITEM#6- CONSIDERATION OF THE TOWN MANAGER'S 1995/96 PROGRAM OF WORK. AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1995-68,ABANDONING TO THE ADJACENT PROPERTY OWNERS ALL RIGHT, TITLE OR INTEREST IN CERTAIN PUBLIC RIGHTS-OF-WAY LOCATED WITHIN FOUNTAIN HILLS PLAT 302,BLOCK 4 AS RECORDED IN BOOK 156 OF MAPS, PAGE 45, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#8-CONSIDERATION OF RESOLUTION 1995-69,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE AND PUBLIC UTILITY Minutes of the Regular Session of the Town Council 11/16/95 ""' Page 1 of 6 EASEMENTS ALONG THE NORTHERLY LOT LINE OF LOT 1,BLOCK 2,PLAT 107A,AS RECORDED IN BOOK 149 OF MAPS, PAGE 18, RECORDS OF MARICOPA-COUNTY, ARIZONA. AGENDA ITEM#9-CONSIDERATION OF RESOLUTION 199540,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE AND PUBLIC UTILITY EASEMENTS ALONG THE SOUTHERLY LOT LINE OF LOT 11 AND THE NORTHERLY LOT LINE OF LOT 12, BLOCK 5, PLAT 102, AS RECORDED IN BOOK 142 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 1995-71, ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST THE TOWN.HAS IN THE CERTAIN DRAINAGE AND PUBLIC UTILITY EASEMENTS ALONG THE NORTHERLY LOT LINE OF LOT 4 AND SOUTHERLY LOT LINE OF LOT 3,BLOCK 3,PLAT 107,AS RECORDED IN BOOK 141 OF MAPS,PAGE 18,RECORDS OF MARICOPA COUNTY,ARIZONA. AGENDA ITEM#11 - CONSIDERATION OF A REPLAT FOR LOTS 22 & 36, BLOCK 3, FINAL PLAT 505-C WHICH IS LOCATED NORTH OF RICHWOOD DRIVE ON PICATINNY WAY AND SKYRIDGE LANE; CASE#S95-087 AGENDA ITEM #12 - CONSIDERATION OF AWARDING THE BID FOR ADDITIONAL AUDIO EQUIPMENT AND MATERIALS FOR THE NEW COURT/COUNCIL CHAMBERS TO DAVIS,AUDIO VISUAL,INC. IN THE AMOUNT OF $6,794.36. Councilman Clark MOVED to approve the Consent Agenda as read. Councilman Lawrence SECONDED the motion. A roll call vote was taken with the following results: Councilwoman Wiggishoff Aye Mayor Cutillo Aye Councilman Clark Aye Vice Mayor Tibbetts Aye Councilman O'Brien Aye Councilman Lawrence Aye The motion CARRIED unanimously. AGENDA ITEM#13-CONSIDERATION OF RESOLUTION 1995-73,AUTHORIZING AND DIRECTING ISSUANCE AND SALE OF $2,105,000 PRINCIPAL AMOUNT OF TOWN OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA GENERAL OBLIGATION REFUNDING BONDS, SERIES 1995 AND $435,000 AGGREGATE PAYMENT AMOUNT OF DETACHED SUPPLEMENTAL INTEREST CERTIFICATES; PROVIDING FOR THE ANNUAL LEVY OF A TAX FOR THE PAYMENT OF THE BONDS AND CERTIFICATES;ACCEPTING A PROPOSAL FOR THE PURCHASE OF THE BONDS AND CERTIFICATES; DETERMINING THE DETAILS THEREOF; DETERMINING AND PROVIDING FOR PAYMENT OF THE COST OF ISSUANCE;APPROVING THE FORM AND RATIFYING ALL ACTIONS TAKEN WITH RESPECT TO THE PREPARATION AND DISTRIBUTION OF THE PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME AND APPROVING THE DISTRIBUTION OF THE SAME; AUTHORIZING THE APPROPRIATE OFFICERS OF THE TOWN TO EXECUTE THE VARIOUS CLOSING CERTIFICATES AND THE CERTIFICATE AS TO ARBITRAGE AND TAX MATTERS; AND THE CERTIFICATE REGARDING CONTINUING DISCLOSURE;AUTHORIZING THE MAYOR AND THE CLERK OF THE TOWN TO EXECUTE THE REGISTRAR AND PAYING AGENT'S AGREEMENT;AUTHORIZING THE Minutes of the Regular Session of the Town Council 11/16/95 ......, Page 2 of 6 EXECUTION OF A BOND PURCHASE AGREEMENT AND AN ESCROW TRUST AGREEMENT FOR THE HOLDING OF THE SECURITIES PURCHASED WITH THE PROCEEDS OF THE REFUNDING Lov BONDS AND THE CERTIFICATES; PROVIDING FOR THE REDEMPTION Of CERTAIN BONDS PRIOR TO THEIR RESPECTIVE.MATURITIES; AND DECLARING AN EMERGENCY. Attorney Bill Farrell said he had requested Agenda Item #13 be removed from the Consent Agenda so he could personally commend the Council and the Town Manager on their excellent fiscal management efforts during the past six years. He said the Town's rating by Moody's had been increased to an "A" investment rating due to the exceptional fiscal and management practices the Town has used since the Town was incorporated. Mayor Cutillo MOVED to approve Resolution 1995-73 as presented and to declare an emergency. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM #14 - PUBLIC HEARING ON ORDINANCE 95-48, RELATING TO THE PRIVILEGE LICENSE TAX;ADOPTING"SUPPLEMENTARY LOCAL AUDIT PROCEDURES FOR THE TOWN TAX CODE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA" BY REFERENCE; REPEALING ARTICLE V - ADMINISTRATION OF THE TOWN TAX CODE AND REGULATION 8A-555.1; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 6:38 P.M. No one spoke for or against Ordinance 95-48. Mayor Cutillo then closed the public hearing and reconvened the Regular Session of the Town Council at 6:39 P.M. r AGENDA ITEM #15 - CONSIDERATION OF ORDINANCE 95-48, RELATING TO THE PRIVILEGE %buLICENSE TAX;ADOPTING"SUPPLEMENTARY LOCAL AUDIT PROCEDURES FOR THE TOWN TAX CODE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA" BY REFERENCE; REPEALING ARTICLE V - ADMINISTRATION OF THE TOWN TAX CODE AND REGULATION 8A-555.1; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. Mayor Cutillo MOVED to approve Ordinance 95-48 as presented. Councilman Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM #16 - CONSIDERATION OF RESOLUTION 1995-72, DECLARING THE TOWNS INTENTION TO ANNEX CERTAIN PROPERTY ADJACENT TO THE INTERSECTION OF SHEA AND PALISADES BOULEVARDS INTO THE TOWN OF FOUNTAIN HILLS. Town Manager Paul Nordin told the Council this resolution would accelerate the approval process for annexation of property located at the intersection of Shea and Palisades Boulevards. Mayor Cutillo MOVED to approve Resolution 1995-72 as presented. Councilman Clark SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 11/16/95 .,,.,.r Page 3 of 6 AGENDA ITEM#17-PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED AMENDMENT TO THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HII.I S IN SECTION 1.12 DEFINITIONS AND SECTION 12.06 USES SUBJECT TO SPECIAL USE PERMITS IN C-3 ZONING DISTRICTS ONLY TO DEFINE THE TERM"TEMPORARY VEHICLE STORAGE FACILITY"AND TO PERMIT A TEMPORARY VEHICLE STORAGE FACILITY BY A SPECIAL USE PERMIT IN C-3 ZONING DISTRICT. CASE#Z95-31. Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 6:42 P.M. No one spoke for or against the proposed zoning amendment. Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council at 6:43 P.M. AGENDA ITEM #18 - CONSIDERATION OF ORDINANCE 95-49, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS IN SECTION 1.12 DEFINITIONS AND SECTION 12.06 USES SUBJECT TO SPECIAL USE PERMITS IN C-3 ZONING DISTRICTS ONLY TO DEFINE THE TERM"TEMPORARY VEHICLE STORAGE FACILITY" AND PERMIT A TEMPORARY VEHICLE STORAGE FACILITY BY A SPECIAL USE PERMIT IN C-3 ZONING DISTRICT.CASE#95- 31. Mayor Cutillo asked about the enforcement of this amendment in the event of permanent storage. Councilman O'Brien asked if regulations included a maximum capacity of stored vehicles. Vice Mayor Tibbetts asked for clarification regarding storage of operational vehicles. Mr.Jeppson explained that impounded vehicles could legally be stored in a temporary storage facility. Mayor Cutillo suggested language be established to limit the length of time for temporary storage to prevent a junkyard-type condition. Mayor Cutillo MOVED to table Ordinance 95-49 and directed staff to revise the language. Councilwoman Wiggishoff SECONDED the motion which CARRIED*bow AGENDA ITEM#19-PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED AMENDMENT TO THE OFFICIAL ZONING BOUNDARIES MAP AND TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE BLOCK 1, PLAT 106 FROM "C-1" TO "COMMON COMMERCIAL" AND TO CREATE THE COMMON COMMERCIAL ZONING DISTRICT; CASE NO. Z95-32. Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 6:52 P.M. No one came forward to speak for or against the proposed amendment to the zoning boundaries map. Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council at 6:53 P.M. AGENDA ITEM#20-CONSIDERATION OF ORDINANCE 95-50,AMENDING THE OFFICIAL ZONING BOUNDARIES MAP AND TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE BLOCK 1, PLAT 106 FROM "C-1" TO "COMMON COMMERCIAL (C-C)" AND TO CREATE THE COMMON COMMERCIAL ZONING DISTRICT; CASE NO. Z95-32. Vice Mayor Tibbetts MOVED to approve Ordinance 95-50 as presented. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 11/16/95 iirm.r Page 4 of 6 AGENDA ITEM#21-PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED AMENDMENT TO THE OFFICIAL ZONING BOUNDARIES MAP AND TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE LOTS 8 THROUGH 25,BLOCK 1,AND LOTS 1 THROUGH 13, BLOCK 2, PLAT 202 FROM "C-1" TO "C-C"; CASE NO. Z95-33. Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 6:56 P.M. Gary Slowik spoke in favor of the proposed amendment to the zoning boundaries map. Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council at 6:58 P.M. AGENDA ITEM#22-CONSIDERATION OF ORDINANCE 95-51,AMENDING THE OFFICIAL ZONING BOUNDARIES MAP AND TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE LOTS 8 THROUGH 25, BLOCK 1, AND LOTS 1 THROUGH 13, BLOCK 2, PLAT 202 FROM "C-1" TO "C-C"; CASE NO. Z95-33. Mayor Cutillo MOVED to approve Ordinance 95-51 as presented. Councilman Clark SECONDED the motion which CARRIED unanimously. AGENDA ITEM#23 - 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.) No one came forward from the public. AGENDA ITEM#24- ADJOURNMENT. Councilman Lawrence MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. The meeting adjourned at 6:59 P.M. Minutes of the Regular Session of the Town Council 11/16/95 .�,,...,. Page 5 of 6 TOWN OF FOUNTAIN HILLS By: Jo . Cutillo, Mayor ATTEST: CA./111: Cassie B. Hansen, Town Clerk PREPARED BY: Linda D. Lemmen, Administrative Assistant 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 16th day of November, 1995. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of December, 1995. e44ALK.2.4 —) Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 11/16/95 �...... Page 6 of 6