HomeMy WebLinkAbout1996.0307.TCRM.Minutes Meeting of 1996-3-07 Regular Session
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF
THE
FOUNTAIN HILLS TOWN COUNCIL
MARCH 7, 1996
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo
at 6:30 P.M.,Thursday, March 7, 1996, in the Fountain Hills Town Hall Council Chambers, located at
16836 E. Palisades Blvd., Building B,Fountain Hills,Arizona.
ROLL CALL-Following the pledge to the flag and the invocation by Fr. Thomas O'Dea of the Church
of the Ascension Roman Catholic Church, 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, Wally Hudson, Bill O'Brien and Marianne Wiggishoff.
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.
Councilman Lawrence requested Agenda Item#9 be removed from the Consent Agenda for separate
discussion. Mayor Cutillo read the remainder of the Consent Agenda which consisted of the following
agenda items:
AGENDA ITEM#2- CONSIDERATION OF APPROVING THE MEETING MINUTES OF
FEBRUARY 15, 1996.
AGENDA ITEM#3- CONSIDERATION OF RESOLUTION 1996-13,ABANDONING
WHATEVER RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC
UTILITY AND DRAINAGE EASEMENT ALONG THE EAST PROPERTY LINE OF LOT 5,
BLOCK 4,PLAT 206(16530 E.LOST ARROW),AS RECORDED IN BOOK 147 OF MAPS,
PAGE 2,RECORDS OF MARICOPA COUNTY.ARIZONA.
AGENDA ITEM#4- CONSIDERATION OF RESOLUTION 1996-14,ABANDONING
WHATEVER RIGHT,TITLE,OR INTEREST THE TOWN HAS IN PORTIONS OF THE
CERTAIN PUBLIC UTILITY EASEMENT ALONG THE NORTHERLY PROPERTY LINE OF
LOT 51,BLOCK 1,PLAT 506B (15034 E. GOLDEN EAGLE BLVD.),AS RECORDED IN BOOK
159 OF MAPS,PAGE 3,RECORDS OF MARICOPA COUNTY,ARIZONA.
AGENDA ITEM#5- CONSIDERATION OF APPROVING AN AMENDMENT TO THE
JANUARY 29, 1993 AGREEMENT WITH MCO PROPERTIES FOR PARTICIPATION IN THE
CONSTRUCTION OF OFF-SITE IMPROVEMENTS FOR SAGUARO BLVD.
AGENDA ITEM#6- CONSIDERATION OF THE LIQUOR LICENSE APPLICATION
SUBMITTED BY MR.STEVEN COMMO FOR THE FOUNTAIN BOWL,LOCATED AT 16737
EAST PARKVIEW AVENUE. THE APPLICATION IS A REQUEST TO TRANSFER THE
�r EXISTING CLASS 6(BAR LICENSE) FROM THE PREVIOUS LICENSEE OF RECORD,
Page 1 of 6
CRAIG BORN,TO MR. COMMO.
AGENDA ITEM#7 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION
SUBMITTED BY MR.STEPHEN CHILDS FOR THE MIRAGE GRILL,LOCATED AT 14815
NORTH FOUNTAIN HILLS BOULEVARD. THE APPLICATION IS A REQUEST FOR A
NEW CLASS 12(RESTAURANT) LIQUOR LICENSE FOR THE NEW OWNER OF THE
ESTABLISHMENT.
AGENDA ITEM#8- CONSIDERATION OF THE LIQUOR LICENSE APPLICATION
SUBMITTED BY MR.JAMES BEAULIEU FOR THE ROADRUNNER DEPOT,TO BE
LOCATED AT 17125 EAST SHEA BOULEVARD. THE APPLICATION IS A REQUEST FOR A
NEW CLASS 10(BEER AND WINE STORE)LIQUOR LICENSE FOR A YET-TO-BE BUILT
CONVENIENCE STORE WHICH WILL BE LOCATED EAST OF THE NEW COMFORT INN
MOTEL.
AGENDA ITEM#10- CONSIDERATION OF A PROPOSED PLAN OF DEVELOPMENT FOR
THE KENISTON PROJECT BUILDING II PROPOSED FOR LOT 67,PLAT 414,LOCATED
NORTH OF LASER LANE AND WEST OF TECHNOLOGY DRIVE,ZONED IND-2 P.D.,
I.U.P.D.
AGENDA ITEM#11 - CONSIDERATION OF A FINAL PLAT FOR A PROPOSED 0.23 ACRE,
TWO UNIT CONDOMINIUM PROJECT KNOWN AS PACIFIC SOUTHWEST
CONDOMINIUMS UNIT I,LOCATED NORTH OF ASHBROOK DRIVE ON THE WEST SIDE
OF KENDALL DRIVE, CASE#S96-007.
AGENDA ITEM#12- CONSIDERATION OF A FINAL PLAT FOR A PROPOSED 0.23 ACRE,
TWO UNIT CONDOMINIUM PROJECT KNOWN AS PACIFIC SOUTHWEST No)
CONDOMINIUMS UNIT II,LOCATED NORTH OF ASHBROOK DRIVE ON THE WEST
SIDE OF CAMEO DRIVE, CASE#S96-008.
AGENDA ITEM#13 - CONSIDERATION OF REVISION TO THE SUNRIDGE CANYON
TRAILS PLAN.
AGENDA ITEM#14- CONSIDERATION OF RESOLUTION 1996-12,DECLARING A SIX
MONTH MORATORIUM ON NEW SALES TAX REIMBURSEMENTS AND PARTICIPATING
IN A VALLEYWIDE EFFORT TO DEVELOP A PERMANENT AGREEMENT.
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Vice Mayor Tibbetts
SECONDED the motion. A roll call vote was taken with the following results:
Councilman Lawrence Aye
Councilwoman Wiggishoff Aye
Councilman Hudson Aye
Councilman Clark Aye
Vice Mayor Tibbetts Aye
Councilman O'Brien Aye
Mayor Cutillo Aye
The motion CARRIED unanimously.
J
Page 2 of 6
f
AGENDA ITEM#9- CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED
BY THE FOUNTAIN HILLS ARTS COUNCIL FOR THE FIRST ANNUAL ARTS DAY TO BE
HELD SATURDAY,MARCH 16, 1996 FROM 8:00 A.M.TO 4:00 P.M.ON THE AVENUE OF
THE FOUNTAINS AND ADJACENT MEDIAN BETWEEN LA MONTANA AND VERDE
RIVER DRIVE. THE EVENT WOULD REQUIRE STREET CLOSURE OF THE
AFOREMENTIONED LOCATION.
Councilman Lawrence explained he requested this agenda item be removed from the Consent Agenda
because he wanted to assure the special provisions in Marshal Gendler's staff report would be
incorporated as stipulations to the special event request. He then MOVED to approve the special event
request from the Fountain Hills Arts Council including Marshal Gendler's special provisions.
Councilman Hudson SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#15-PUBLIC HEARING ON ORDINANCE 96-05,AN AMENDMENT TO
CHAPTER 3,ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF,
SECTION 3.01 "ESTABLISHMENT OF ZONING DISTRICTS",OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z96-03.
Mayor Cutillo recessed the Regular Session of the Town Council and declared the public hearing open at
6:35 p.m. No one came forward to speak for or against Ordinance 96-05. Mayor Cutillo closed the
public hearing and reconvened the Regular Session of the Town Council at 6:36 p.m.
AGENDA ITEM#16- CONSIDERATION OF ORDINANCE 96-05,AMENDING CHAPTER 3,
ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF,SECTION 3.01
"ESTABLISHMENT OF ZONING DISTRICTS",OF THE ZONING ORDINANCE FOR THE
TOWN OF FOUNTAIN HILLS, CASE NUMBER Z96-03.
Planner Jeff Valder stated Ordinance 96-05 would incorporate the newly-approved "M" zones into the
list of eligible zoning districts. Councilman Hudson MOVED to approve Ordinance 96-05 as presented.
Councilman Lawrence SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#17 -PUBLIC HEARING ON ORDINANCE 96-06,AN AMENDMENT TO
CHAPTER 5, GENERAL PROVISIONS,SECTION 5.11(C)(4) "LIMITATIONS ON CUT AND
FILL",OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE
NUMBER Z96-01.
Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 6:38
p.m. No one came forward to speak for or against Ordinance 96-06. Mayor Cutillo closed the public
hearing and reconvened the Regular Session of the Town Council at 6:38 p.m.
AGENDA ITEM#18- CONSIDERATION OF ORDINANCE 96-06,AN AMENDMENT TO
CHAPTER 5,GENERAL PROVISIONS,SECTION 5.11(C)(4) "LIMITATIONS ON CUT AND
Page 3 of 6
FILL",OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE
NUMBER Z96-01.
Mr. Valder stated when a subdivision was created, the General Provisions allowed a ten foot cut and fill
allowance. He further stated that as lots were developed, an additional ten feet of fill could be allowed
resulting in a possible total of twenty feet of fill. He said Ordinance 96-06 would clarify the language to
permit only a ten foot total cut and fill allowance without an additional waiver.
Mary Pilarinos asked for clarification and Mr. Valder explained that a maximum of ten feet would now
be allowed without a Council-approved waiver..
Councilwoman Wiggishoff MOVED to approve Ordinance 96-06 as presented. Vice Mayor Tibbetts
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#19 - CONSIDERATION OF ORDINANCE 96-07,AMENDING CHAPTER 15
OF THE FOUNTAIN HILLS TOWN CODE, COMMONLY KNOWN AS THE FOUNTAIN HILLS
SUBDIVISION REGULATIONS TO AMEND SECTION 3.09 (B)(4) "LIMITATIONS ON CUT
AND FILL".
Councilman Hudson MOVED to approve Ordinance 96-07 as presented. Councilman Clark
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#20- 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 to speak.
AGENDA ITEM#21 -PURSUANT TO A.R.S.38-431.03.A.7.AND 38-431.03.A.4,VOTE TO GO
INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION 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; AND FOR DISCUSSION OR
CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO
CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC
BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION.
Councilman Hudson MOVED to go into Executive Session. Vice Mayor Tibbetts SECONDED the
motion which CARRIED unanimously. Mayor Cutillo recessed the Regular Session of the Town
Council at 6:43 p.m.
AGENDA ITEM#22-RETURN TO REGULAR SESSION.
Page 4 of 6
fi
Mayor Cutillo reconvened the Regular Session of the Town Council at 9:07 p.m.
AGENDA ITEM#23- CONSIDERATION OF DIRECTING STAFF TO PREPARE DRAFTS OF
A TEXT AMENDMENT TO THE TOWN ZONING CODE CREATING A NEW DOWNTOWN
DISTRICT OR OVERLAY DISTRICT COMBINING COMMERCIAL AND RESIDENTIAL
USES; DIRECTING STAFF TO NEGOTIATE AND PRESENT A FINAL DRAFT OF A
DEVELOPMENT AGREEMENT BETWEEN MCO PROPERTIES AND THE TOWN
REGARDING PERMITTED USES WITHIN THE DOWNTOWN AREA; DIRECTING STAFF
TO RETAIN THE SERVICES OF AN APPRAISER TO DETERMINE THE VALUE OF
PARCELS OF LAND TO BE EXCHANGED BETWEEN THE TOWN AND MCO IN
ACCORDANCE TO A.R.S. § 9-407; AUTHORIZING THE TOWN MANAGER TO RETAIN A
CONSULTANT TO EVALUATE THE WATER AND EFFLUENT ISSUES CONNECTED WITH
THE ASSUMPTION OF OWNERSHIP AND OPERATION OF THE FOUNTAIN AND
FOUNTAIN PARK; AUTHORIZING AND DIRECTING STAFF TO NEGOTIATE AND
PREPARE FOR APPROVAL FINAL DOCUMENTS TRANSFERRING OWNERSHIP OF THE
FOUNTAIN AND FOUNTAIN PARK AS WELL AS SPECIFIED AREAS OF THE MCDOWELL
MOUNTAINS FOR POSSIBLE ACCEPTANCE BY THE TOWN; AND,AUTHORIZING AND
DIRECTING STAFF TO ACQUIRE ALL NECESSARY SURVEYS AND PRELIMINARY
TITLE REPORTS AS WELL AS ENVIRONMENTAL STUDIES PRIOR TO ANY FINAL
ACTION ON THE EXCHANGE OF REAL PROPERTY OR ACCEPTANCE OF ANY DEEDS
TO REAL PROPERTY.
Mayor Cutillo MOVED to direct staff to continue negotiations and to present a progress report at the
next Council meeting,March 21 st. Councilwoman Wiggishoff SECONDED the motion which
CARRIED with a 6-1 vote. Councilman Hudson cast the nay vote.
AGENDA ITEM#24-ADJOURNMENT.
Councilman Lawrence MOVED to adjourn the meeting. Vice Mayor Tibbetts SECONDED the motion
which CARRIED unanimously. The meeting adjourned at 9:10 p.m.
TOWN OF FOUNTAIN HILLS
By:
John M. Cutillo,Mayor
ATTEST:
Cassie B. Hansen,Town Clerk
Page 5 of 6
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 7th day of March, 1996. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 21st day of March, 1996.
Cassie B. Hansen,Town Clerk
J
Page 6 of 6