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Home My WebLink About2006.0601.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 1, 2006 Mayor Nichols called the meeting to order at 7:41 p.m. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Vice Mayor Archambault, Vice Mayor Kehe, Mayor Nichols, Councilmember Leger, Councilmember Schlum, Councilmember Dickey and Councilmember McMahan. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Director of Public Works Tom Ward, Planner Kate Zanon, and Town Clerk Bev Bender were also present. CALL TO THE PUBLIC None. CONSENT AGENDA AGENDA ITEM #1— CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF MAY 9 AND MAY 18, 2006. AGENDA ITEM #2 — CONSIDERATION OF CANCELLING THE THURSDAY, JULY 6 AND THURSDAY IULY 20, 2006 COUNCIL MEETINGS. AGENDA ITEM #3 — CONSIDERATION OF RATIFYING THE TOWN MANAGER'S CONTRACT. AGENDA ITEM #4 — CONSIDERATION OF RESOLUTION 2006-33, AMENDING THE MARICOPA COUNTY SHERIFF'S CONTRACT TO ADD TWO DEPUTIES. AGENDA ITEM #5 — CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH SOUTHWEST SLURRY FOR STREET MAINTENANCE. Councilmember Dickey MOVED to approve the Consent Agenda as read and Councilmember Schlum SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Kehe Aye Councilmember Schlum Aye Councilmember Leger Aye Councilmember Dickey Aye Mayor Nichols Aye Councilmember McMahan Aye Councilmember Archambault Aye The motion CARRIED UNANIMOUSLY (7 to 0). ACTION AGENDA AGENDA ITEM #6 — CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW "PITA HOUSE" RESTAURANT TO SELL ALCOHOLIC BEVERAGES DURING MEALS WITHIN THE C-1 ZONING DISTRICT, LOCATED AT 14835 E. SHEA BOULEVARD, AKA FRY'S PLAZA. CASE NUMBER SU2006-05. ZACouncil Packets\2006\R6-15-06\06-01-06 regular session.doc Page 1 of 4 Mayor Nichols declared the public hearing open at 7:41 p.m. Planner Kate Zanon addressed the Council relative to this agenda item and explained that restaurants in the C-1 Zoning District must receive a Special Use Permit in order to serve alcoholic beverages. She said that the Pita House is located in the Eagle Mountain Shopping Center and there are three other establishments within the commercial plaza, including another restaurant (Pei Wei Restaurant), which sell alcoholic beverages. The restaurant will be a full service Mediterranean and Middle Eastern cuisine restaurant and the operating hours will be from 11:00 a.m. to 9:00 p.m. seven days a week. The Planning and Zoning Commission heard the case on May 11`h and unanimously recommended approval. Staff also recommends approval of the requested Special Use Permit. Ms. Zanon noted that the liquor license is a separate item on the agenda this evening and although liquor licenses are typically on the Consent Agenda, the Council could not approve the license without first approving the issuance of the permit. The Mayor declared the public hearing closed at 7:43 p.m. AGENDA ITEM #7 — CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW "PITA HOUSE" RESTAURANT TO SELL ALCOHOLIC BEVERAGES DURING MEALS WITHIN THE C-1 ZONING DISTRICT, LOCATED AT 14835 E. SHEA BOULEVARD, AKA FRY'S PLAZA. CASE NUMBER SU2006-05. Councilmember McMahan MOVED to approve the Special Use Permit and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #8 — CONSIDERATION OF A LIQUOR LICENSE APPLICATION FOR ELVIS KELECHIAN (PITA HOUSE) LOCATED AT 14835 E. SHEA BOULEVARD, AKA FRY'S PLAZA. THIS REQUEST IS FOR A SERIES 12 RESTAURANT LICENSE. Councilmember Archambault MOVED to approve the liquor license for the Pita House Restaurant and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #9 — PUBLIC HEARING ON ORDINANCE 06-10, FOR A ZONING ORDINANCE TEXT AMENDMENT TO REVISE SECTION 5.16 PERTAINING TO RECURRING CARNIVALS, REVIVALS, RODEOS, SWAP MEETS, OUTDOOR RETAIL SALES AND SIMILAR ACTIVITIES. CASE #Z2006-01. Mayor Nichols declared the public hearing open at 7:43 p.m. Ms. Zanon also addressed the Council relative to this agenda item and provided a brief overview of the issue. She explained that the proposed text amendment strictly deals with when these cases come before Council (recurring outdoor retail sales) and all other provisions within the existing ordinance would remain unchanged. This change would require all recurring outdoor retail sales events to appear before Council prior to the first event. The current ordinance reads that four events are allowed prior to something coming before the Council and this was the only change requested. She said that this was to allow the Council an opportunity to hear the applications beforehand. She noted that the Farmer's Market and Plaza Fountainside are the types of events that typically use this permit. Ms. Zanon commented on the proposed revisions to the ordinance and noted that the change would not affect garage sales or events occurring on private property. Section 4 contains the entire change and deals specifically with recurring events. ZACouncil Packets\2006\R6-15-06\06-01-06 regular session.doc Page 2 of 4 There were no citizens wishing to speak on this agenda item and the Mayor declared the public hearing closed at 7:46 p.m. AGENDA ITEM #10 — CONSIDERATION OF ORDINANCE 06-10 FOR A ZONING ORDINANCE TEXT AMENDMENT TO REVISE SECTION 5.16 PERTAINING TO RECURRING CARNIVALS, REVIVALS RODEOS SWAP MEETS OUTDOOR RETAIL SALES AND SIMILAR ACTIVITIES. CASE #Z2006-01. Councilmember Schlum MOVED to approve Ordinance 06-10 and Councilmember Leger SECONDED the motion. Ms. Zanon said that one-time events would still be managed administratively by staff and would get posted for public comment. If there were none, the permit would be issued and if there were comment, the item would come before the Council. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #11 — DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING AN AMENDMENT TO THE TOWN ORDINANCE WHICH WOULD REGULATE THE SALVAGING OF SAGUARO CACTUS IN THE PATH OF DEVELOPMENT ON PRIVATE PROPERTY. Mayor Nichols advised that Vice Mayor Kehe brought this item forward. The Vice Mayor said that he noted that three mature cactus were bladed down and discarded when the first home was constructed on Tepee. He recently received an e-mail from a citizen who indicated that she had the same occurrence on her street. He said that the saguaro cactus is the most significant form of vegetation in the State of Arizona and one in which they take great pride. He said he would like to have a discussion on whether or not to pursue this issue in the form of directing staff to come up with some kind of recommendation. After reviewing the Town's ordinances, he found that the only semi -protection available is for "significant vegetation" and that is defined as cactus over 15 feet. Mayor Nichols asked whether there were some State regulations in place relative to this issue that should be looked into. Town Attorney Andrew McGuire reported that Title 3 does contain some provisions. He said there was a range of penalties listed that generally apply to cactus removed from someone's land without permission or removal from State land without permission. He stated that he was not thoroughly familiar with the provisions but believed that property owners could remove the cactus as long as they were not for sale. He indicated his willingness to pursue this issue. Mayor Nichols commented that it was the consensus of the Council that staff review State statutes relative to this matter and bring their findings and recommendations back to the Council at a future meeting. Carol Ellithorpe, Thistle Drive, said that a new home is being built next to her home and she and her husband witnessed the taking down of a 15+ cactus. She said they were under the impression that cactus were protected in the State of Arizona and first called the Town and was directed to call the State. She spoke with three different people from the Department of Agriculture and was advised that basically, if the cactus was on private land and the landowner did it (developer) it was perfectly legal. She added that she was also told that the Town had the ability to adopt an ordinance governing this area and noted that Tucson and Saguaro have some tough ordinances in place along those lines. She spoke in support of protecting the saguaro cactus and urged the Council to pursue this important matter. Mayor Nichols advised that staff will look into the issue and thanked Ms. Ellithorpe for her comments. AGENDA ITEM #12 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (1) PLACING SUCH Z:\Council Packets\2006\R6-15-06\06-01-06 regular session.doc Page 3 of 4 ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL. A. NONE AGENDA ITEM #13 — SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. Mr. Pickering will research laws/existing ordinances governing saguaro cactus and provide information and recommendations to the Council. AGENDA ITEM #14 — ADJOURNMENT Councilmember Schlum MOVED that the Council adjourn and Councilmember McMahan SECONDED the motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 7:56 p.m. TOWN OF FOUNT. LIM ATTEST AND .. ARED ; own Clerk CERTIFICATION W I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills on the lst day of June 2006. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 15TH day of June 2006. ZACouncil Packets\2006\R6-15-06\06-01-06 regular session.doc Page 4 of 4