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Home My WebLink About1994.1215.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR & EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 15, 1994 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 P.M., Thursday, December 15, 1994, 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 Wally Hudson and Councilmembers Peg Tibbetts, Frank Clark, Bill O'Brien and Marianne Wiggishoff. Councilman Lawrence arrived at 6:35 P.M. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson and Planner Jeff Valder. Items#2 and#8 were removed from the Consent Agenda. Mayor Cutillo read the remainder of the Consent Agenda as follows: 3. CONSIDERATION OF RESOLUTION 1994-63, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN ANY AND ALL PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED WITHIN BLOCK 2 AND BLOCK 3, OF PLAT 106 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 162 OF MAPS,PAGE 40,RECORDS OF MARICOPA COUNTY,ARIZONA;AND DECLARING AN EMERGENCY. 4. CONSIDERATION OF RESOLUTION 1994-64, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE REAR LOT LINE OF LOT 5, BLOCK 2, OF PLAT 207, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 147 OF MAPS, PAGE 6, RECORDS OF MARICOPA COUNTY,. ARIZONA; AND DECLARING AN EMERGENCY. 5. CONSIDERATION OF RESOLUTION 1994-65, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE REAR LOT LINE OF LOT 12, BLOCK 12, OF PLAT 107, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 141 OF MAPS, PAGE 18, RECORDS OF MARICOPA COUNTY, ARIZONA; AND DECLARING AN EMERGENCY. 6. CONSIDERATION OF RESOLUTION 1994-66, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE REAR LOT LINE OF LOT 15,BLOCK 1,OF PLAT 505-B,FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA; AND DECLARING AN EMERGENCY. 7. CONSIDERATION OF RESOLUTION 1994-67, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN ANY AND ALL PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED WITHIN LOTS 8, 9, AND 10, BLOCK 1, OF PLAT 207 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 147 OF MAPS, PAGE 6, RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE EAST FORTY FEET OF THE TEN FOOT PUBLIC UTILITY EASEMENT ALONG THE SOUTH PROPERTY LINE OF SAID LOT 10; AND DECLARING AN EMERGENCY. Minutes of the Regular & Executive Session of the Town Council 12/15/94 Page 1 of 5 9. CONSIDERATION OF RESOLUTION 1994-70,ACCEPTING THE RIGHT-OF-WAY ON THE AVENUE OF THE FOUNTAINS WEST OF LA MONTANA. Councilwoman Wiggishoff MOVED to approve the Consent Agenda Councilwoman Tibbetts SECONDED the motion. A roll call vote was taken with the following results: Councilwoman Tibbetts aye Councilwoman Wiggishoff aye Councilman Clark aye Councilman O'Brien aye Vice Mayor Hudson aye Mayor Cutillo aye Councilman Lawrence (Not present for vote) The motion CARRIED unanimously. 2. CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF DECEMBER 1ST,1994. Councilwoman Wiggishoff asked the minutes be corrected to move the last comment on Page 4 (discussion of cut & fill waiver request for Jaclyn Drive) to the discussion of Agenda Item #13. Also in Agenda Item #13, a recommendation to staff to contact the property owners should be included. Mayor Cutillo MOVED to approve the minutes as corrected. Councilman O'Brien SECONDED the motion which CARRIED unanimously. 8. CONSIDERATION OF RESOLUTION 1994-68, ABANDONING TO THE ADJACENT PROPERTY OWNER ALL RIGHT, TITLE OR INTEREST, EXCEPT THAT A PUBLIC UTILITY, DRAINAGE, SIDEWALK, LANDSCAPE AND NON-BUILDING EASEMENT SHALL BE MAINTAINED, IN A CERTAIN PORTION OF A PUBLIC RIGHT-OF-WAY,FOUND TO BE NO LONGER NECESSARY FOR PUBLIC VEHICULAR USE. Town Manager Nordin reported that stipulations had been added to the abandonment, the applicant had agreed to those stipulations and urged approval of this request. Mayor Cutillo MOVED to accept Resolution 1994-68 as stated with the stipulations. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. 11. MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Judge Shoob presented the monthly report for the month of November, 1994. He announced that he had been appointed as a member of the board of the Judicial College of Arizona Supreme Court. The Council congratulated Judge Shoob on his appointment. 12. DISCUSSION AND CONSIDERATION OF THE PLANNING AND ZONING COMMISSION'S 1995 PROGRAM OF WORK. Minutes of the Regular & Executive Session of the Town Council 12/15/94 Page 2 of 5. Town Manager Nordin referred to information presented by Mr. Thomas, Chairman of the Planning and Zoning Commission,relative to the 1995 program of work. The consensus of the Council was to have a joint meeting with the Planning and Zoning Commission sometime in January to coordinate and prioritize achievable goals. 13. CONSIDERATION OF THE FINAL PLAT FOR MIRAGE CROSSING LOCATED IMMEDIATELY NORTH AND SOUTH OF EL PUEBLO BOULEVARD,IMMEDIATELY EAST OF ALAMOSA AVENUE AND IVORY DRIVES,AND WEST OF ESCONDIDO DRIVE. THE PROPERTY CONSISTS OF ALL OF BLOCKS 2 AND 3, PLAT 106. Mr. Valder reviewed the staff report for the final plat of Mirage Crossing. Mayor Cutillo MOVED to accept the final plat for Mirage Crossing with stipulations included in the staff report. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. 14. PUBLIC HEARING ON ORDINANCE 94-49,AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS,ARIZONA BY DESIGNATING ALL THE MIRAGE CROSSING FINAL PLAT, FOUNTAIN HILLS, ARIZONA, FROM "C-1", NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT TO "R-2", LIMITED MULTI-FAMILY RESIDENTIAL ZONING DISTRICT. Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 6:50 P.M. David Majersky was concerned about the abandonment of the alley. He opposed the granting of the entire thirty feet of the alley to the builder. Mr.Valder stated that the Council had approved the alley abandonment to the builder at its December 1, 1994 meeting and had provided access easements to property owners adjacent to the alley. Rebecca Ellison asked if zoning changes were planned for the northeast section of Plat 106. Mr. Valder stated that there were no requests at this time for zoning changes. 15. CONSIDERATION OF ORDINANCE 94-49,AMENDING THE OFFICIAL ZONING DISTRICTS MAP OF THE TOWN OF FOUNTAIN HILLS,ARIZONA BY DESIGNATING ALL THE MIRAGE CROSSING FINAL PLAT, FOUNTAIN HILLS, ARIZONA, FROM "C-1", NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT TO "R-2", LIMITED MULTI-FAMILY RESIDENTIAL ZONING DISTRICT. Mayor Cutillo declared the public hearing closed and reconvened the Regular Session of the Town Council meeting at 6:55 P.M. Mayor Cutillo MOVED to approve Ordinance 94-49 as stated. Vice Mayor Hudson SECONDED the motion which CARRIED unanimously. Minutes of the Regular & Executive Session of the Town Council 12/15/94 .441) Page 3 of 5, 16. PUBLIC HEARING FOR A REZONING REQUEST OF HTC CAPITAL GROUP(Z94-31)TO REZONE A 22.724 ACRE PARCEL FROM "C-2" TO "R-4", LOCATED SOUTH OF PALISADES BOULEVARD, WEST OF THE BASHAS SHOPPING CENTER AND EAST OF THE SAFEWAY SHOPPING CENTER. Mayor Cutillo stated the applicant had requested the continuance of a public hearing for a rezoning request of HTC Capital Group until January 19, 1995. He then recessed the Regular Session of the Town Council and opened the public hearing at 6:58 P.M. because one person could not attend the public hearing on January 19th. Mr. Valder stated the rezone was requested to enable the applicant to request a building permit for approximately 380 condominium units on a 22.724 acre parcel. Staff recommended the change of zoning to"R-3"rather than"R-4" which would allow for lesser density. John Tallison spoke against the rezoning request. He thought this parcel should remain as commercial property and that condominiums were not the best use for this parcel. Jim Jenkins, MCO Properties, asked the Council to continue the public hearing. Bob Murphy also opposed the rezoning request. Mayor Cutillo MOVED to recess the public hearing until January 19, 1995 at the Regular Session of the Town Council meeting. Councilman Clark SECONDED the motion which CARRIED unanimously. Mayor Cutillo then closed the public hearing and reconvened the Regular Session of the Town Council meeting at 7:02 P.M. 17. CONSIDERATION OF ORDINANCE 94-50 A REZONING REQUEST OF HTC CAPITAL GROUP (Z94-31) TO REZONE A 22.724 ACRE PARCEL FROM "C-2" TO "R-4", LOCATED SOUTH OF PALISADES BOULEVARD, WEST OF THE BASHAS SHOPPING CENTER AND EAST OF THE SAFEWAY SHOPPING CENTER. Vice Mayor Hudson MOVED to table consideration of Ordinance 94-50 until January 19, 1995. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. 18. 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. 19. PURSUANT TO A.R.S. 38-431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE OR LEASE OF REAL PROPERTY. Councilman Clark MOVED to go into Executive Session at 7:05 P.M. Councilman Lawrence SECONDED the motion which CARRIED unanimously. Minutes of the Regular & Executive Session of the Town Council 12/15/94 Page 4 of 5. 20. RETURN TO REGULAR SESSION. The Regular Session of the Town Council was reconvened at 8:20 P.M. by Mayor Cutillo. viiii 21. CONSIDERATION OF RESOLUTION 1994-69, ABANDONING TO MCO PROPERTIES, INC. A PORTION OF THE RIGHT-OF-WAY WIDTH ON SHEA BOULEVARD IN FOUNTAIN HILLS,ARIZONA. Mayor Cutillo MOVED to approve Resolution 1994-69 as written. Vice Mayor Hudson SECONDED the motion which CARRIED unanimously. 22. ADJOURNMENT. Councilwoman Tibbetts MOVED to adjourn the meeting. Councilman Lawrence SECONDED the motion which CARRIED unanimously. The meeting adjourned at 8:21 P.M. TOWN OF FOUNTAIN HILLS By: ?'' .., -- ice'?' John Cutillo, Mayor ATTEST: eik/JA-iLq6 L10,111-4L',—, Cassie B. Hansen, Town Clerk PREPARED BY: t 't-t<,/ 46= ‘ e�.c,,3-ic�� Linda . Lemmen,Administrative Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular & Executive Session Meeting held by the Town Council of Fountain Hills on the 15th day of December, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of January, 1995. 6 )...),„„ Cassie B. Hansen, Town Clerk Minutes of the Regular & Executive Session of the Town Council 12/15/94 Page 5 of 5