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HomeMy WebLinkAbout1991.1003.TCRM.Minutes TOWN OF FOUNTAi.N HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTA i N HILLS TOWN COUNCIL OCTORER 3, 1991 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor .iohn Crtr i i_i o at 6:30 p.m. , Thursday, October 3, i 99 i , in the Fountain Hills Town Haii , located at i6836 F. Palisades Blvd. , Building C, Fountain Hiii_s, Arizona . ROLI. CALL - Following the pledge to the flag and the invocation by Reverend Steve Gilbertson, Fountain Hiiis Community Church, roll call was taken. Present For roil call. were the following members of the Fountain Hills Town Council : Mayor loon Cuti i i o, 'lire Mayor Frank Clark and Counci i members Fog Tibbetts, Mike Minarsich, c.hariie Fox, Wally Hudson and Riii O'Brien. Also present were Town Manager rani Nordin, Town Attorney Rill Farrell, Director of Community Development Gary Jepppson, and Town Clerk Cassie Hansen. AGENDA ITEM 0 - ACCEPTANCE OF THE MEETING MINUTES OF SEPTEMBER 17TH AND 19TH, 1991 Counci 'woman Tibbetts made the MOTION. SECONDED by Councilman Minarsich. CARRIED unanimously. AGENDA TTEM #3 - TOWN MANAGERS REPORT Project Update (with possible direction From the Council for appropriate action) . Nominations for a Conncii_member to serve on the Arizona League of Cities and Towns Fxecut i ve Committee. Mr. Nordin asked the Council to make a nomination for the position. Councilman Fox nominated Councilman Minarsich to the f,xecnr.i ve Committee and he accepted. Mayor Cut i i i o seconded the nomination and cal Teri for further nominations:. There were none and the nomination carried unanimously. Scottsdale e K I wanis special event_ regnesct for their annual Hike tour. Mr. Nordin referred to the memo in the packet and stated that all was in order. Counc i I man Hudson made a MOTION to approve the request . SECONDED by Councilwoman iibbei us. CARRIED unanimously. tia.B.2. Special use permit for Mruonaio •s restaurant proposed outdoor dining raci iity. Mr. .ieppson stated that MnDonnid'., Had requested a special use permit to build an outdoor dining and playground area ar the south portion of the building, turning me existing parking area around. Mr. .leppson stated the Council had passed an ordinance allowing outdoor dining facilities in the C-1 Minutes of the Regular Session of the Town Council i0/03/91 Page i or 6 zoning district , if ail of the stipulations were met . Mr. Jeppsson said that McDonald's had ruiliil.ied aci of those stipulations, which included no sale of 1111)alcoholic beverages, kitchen rac.iiities that were at least 20% of the building tioor area and the outdoor searing arrangement which met the approval of the planning and development department. Mr. Jeppson said that zoning required: a minimum of one parking space for each two hundred square feet of floor area and a paved parking lot. He added that the ingress and egress would need to be designed so that the vehicles would exit in a forward progression out of the lot . Mr. Nordin asked if the recreational vehicle traffic problem at the site would be worsened by the proposed addition. Mr. Jeppson stated that it would and that there was currently a traffic congestion problem on the site when the recreational vehicles were present. Mr. ,ieppson stared: that McDonald's and staff had looked :tr alternatives to improve traffic flow and presented those alternatives. Mr. Richard. Carrell , the architect for the project from the Archus group representing McDonald's, gave a presentation. Mr. Cartel : stated that when the building and parking lot were designed, all of the ordinances and calculations had been followed and adhered to and that future expansion had always been pianneu. He stated that Rural Metro had only one suggestion on the new plan and: that they were in the process of making that change. Mr. Cartel' stated that McDonald's had instituted a clean-up plan for trash, picking up things that were not theirs as wel i . Mr. Cartel' stated that the outdoor dining are;: would be placed away from the residential area of the Town and that the provision of recreational vectic.le parking would be a large plus. They had explored the possibility of abandoning the end of Trevino Drive and using that area for parking, however, it would be entirely too cost prohibitive. He said • that they had explored the possibility of purchasing additional property but that was also determined to be impractical . The most practical proposal was to make use of some of the two hundred foot right-of-way in front or the facility. Mr. Canel said that they had asked the Town if they could purchase some of that property and they felt that there could: he merit. in that. apporach. Mr. Cartel i • stared that they wanted the Council to look at the application for the Use Permit with regard to whether or not the requirements of the Ordinance were met . Mr. Car-roil said they did not feel that they would make an adverse impact on the neighborhood relative to the application because they were isolated from the residential area and a nenerit to the community. Mr. Carrell stated that the only issue was the parking situation and that was distinct from the Ilse Permit. Ho said that i F the two items had ro be considered together, they would ask for a continuation of the Use Permit request . Councilman Hudson asked what the sei back was on the McDonald's property and if a Variance would be of any assistance. Mn . Cartel i scared that there was a ten foot landscape setback south of tire parking area adjacent to Shea Boulevard but he did not know it than wonid no of any assistance. Mr. Harrel stared that at this time there were too many unknowns to given') any of the right-of-way and explained what some of the future considerations were. Mr. Nordin stated that he felt that the request should he denied with a directive to staff that they conrinue to work on a possible solution. the following citizens spoke and gave their viewpoints: K. D. Roney, presented petitions and signatures in favor of trio playground; Bill Mcct,i vern spoke of the traffic flow problem, Jim 4ieismttei ier, the owner of McDonald's spoke, Mrs. Higgins child presented pages of signatures, Jody Knapp concerned admit chi idren in con je stedi area . Mayor Cut i l l o made a MOTION to take the staff recommendation and deny the request_. SECONDED by Councilman O'Brien. Councilman Minutes of the Regular Session of the Town Council 10/03/ 9:1 Page L of 6 request . SECONDED by Councilman O' Brien. Councilman O'Brien WITHDREW SECOND because me applicant could nor reapply without paying another fee. Councilman Fox crated that he wanted to AMEND THE MOTION ro approve the tabling or the request for two weeks. Councilman Fox WITHDREW his AMENDMENT. Councilman mitnarsich said that the motion on the floor was ro deny the request and there was a second and he moved the question. Mayor Cutillo called the question and MOTION FAILED with a six nay to one aye vote, favor Cutiiio had the aye vote. Councilman Fox made a MOTION to table the petition for two weeks and allow staff ro work together with McDona ld 's on the request to see if there could be a compromise worked out . SECONDED by Councilman Minarsich. Councilman O'Brien AMENDED THE MOTION to allow start to return the item when they were ready and remove the two week time frame. SECONDED by Councilman Fox. AMENDMENT PASSED unanimously. Vote on original MOTION TO TABLE called for and CARRIED by a six to one vote, Mayor. Cutillo casting the nay vote. 46.B.3. Appointment to the Planning and Zoning commission to fill the three vacancies created by the c.ompierion of the three, one year terms. Mr. Nordin made the presentation stating that staff recommended Mr. Ken Bretting, Mr. Bob Thomas and Mr. Terry °ester be appointed fill the two year terms. Councilwoman Tibbetts made the MOTION. SECONDED by Councilman O'Brien and CARRIED unanimously. i.B.4. Traffic signing and striping for October, 1991 . Mr. Nordin stated that Council had the Town Engineer's report and that staff would recommend approval . Councilman Hudson made the MOTION. SECONDED by "vice Mayor Clark and CARRIED with a six to one vote, Councilman Minarsich casting the nay vote. tr3.B.i. Increased dental coverage for town employees. Mayor Cutillo stated that he was not opposed to the additional coverage, just the timing of it and that it should have been changed at budget time. Councilman Fox supported the Mayor's statement . Councilman Fox stated that there were fifteen staff members who would nenefir from the increased dental coverage. He stated that benefits wore not yet at twenty-five percent as had been allowed so he would support the increase at that time. Councilman Minarsich supported Councilman fox .s statements. Councilman O'Brien asked it staff had the funds for the increased insurance in the budget and if the Town Manager couldn ' t do it without the Council 's approval . Mr. Nordin stated that there was money for i r and that he had not made the decision on his own because it: was :a change to the package that had been agreed upon by the Counci i . Councilman O' Brien mane a MOTION to table the vote as there was no need for it since Mr. Nordin coniai proceed on his own. Councilman Minarsich stated that rho manager was requesting the Coiincil 's approval and Mr. Nordin said rhar he did want direction. MOTION DII'l) due to a lack of a second. Mayor i;tttt i to said that there was a principle hero and commented that the t;oitncil sot rite benefit package. Councilwoman libhorts stated that she agreed with Councilman Fox 's statement that this should be approved but also should he a one time exception. Councilman Hudson asked it the coverage was available ar budget rime. Mr. Nordin stared that he thought it was bur they had not been aware of i t . Councilman Fox made a MOTION to accept the benefit package as presented. Minutes of the Regular Session of the Town Council 10/0.3%91 Lre Page .i of 6 SECONDED by Cnnnc.i iman Minarsich and CARRIED by a four to three vote. Mayor t;ur i i i o called for a ro i i call ore which was as to i i ews: Gounc i lmemner s 'fox , mi nar :i cn, ann Ti bnerts and ‘ice Mayor Clark voren aye and Mayor Cut i i i n and Councilmen Hudson and O'Brien voted nay. Possible addition of Economic Development as the fourth element in the development of the Master Plan. Mr. Jeppson said that rile 'Town was currently working on a general Plan and it would contain the land use circulation in a recreation area . Mr. .leppson stared that it had been questioned as ro whether a fourth element should he added, that being Economic Development . He said that- there had been a lot of conversations with the citizens during the general planning process. Mr. .leppson said char it would involve approximately $20,000 in additional runcis. Mr. Nordin said that ar this time, staff just wanted to propose .riding the foiirrn element ann wait to see what the cost bids won a come back at . Councilman Fox stared rnat staff was lust asking for a line item, to be bid separately. Councilwoman Tibbetts said she was in favor of this element being incicided . Councilman o'Erien said that he would like to see a conservation, recycling element looked at . Mr. Farrell stared that by law, towns cairn a population under 50,000 only had to have two elements in their plan, the circulation anri use. Councilman Minarsich said that the public input needed to he an ennc.ar i onsil process. Mr. Farrell stared that the document itself would come before the Counc.i i tor adoption anti they would have the opportunity to review it . AGENDA TTEM #4 - RESOLUTION i991-42 , ABANDONING WHATEVER RIGHT, TITLE, OR i c i F . i i t HAS TN THAT CFR TA 1N PI;RI TC i,TTT TT1 EASEMENT AND DRAINAGE EASEMENT AFFE( T+NC, ALONG THE FAST AND SOUTH SIDES OF c OT 2. r1lix;k 3, OF PLAT 603B F01;NTAIN H l.I:5, ARiLuNA, AS RECORDED IN kOOR tti OF MAPS, PAGE 41 , RECORDS OF MAR1COPA CO( NTI , ARiZONA. Mr. Nordin stared that, in the interest of time, it would be proper to approve both agenda items four and five in one correctly worded motion. AGENDA ITEM 45 - RESOLUTION 1991-43, AEANDONI NG WHATEVER RIGHT, TT T LE, OR i N i'Ei.EST FT HAS IN THAT CERTAIN PIiBi.I C Ui'I i,TTY EASEMENT AND DRAINAGE EASEMENT A"rrEGFING ALONG THE REAR OF LOT 17, BLOCK 1 , OF PLAN 5065A FOUNTAIN HiLLS, ARIZONA, AS rcr,C:ORDr,D IN HOOK 159 OF MAPS, PAGE 30, RECORDS OF MARTCOPA COUNTY, ARIZONA. Councilman Minarsich made a MOTION as Mr. Nordin stated, to approve Resolution numbers i991-42 and 1y91-4.3. SECONDED by Counciiman Fox and CARRIED unanimously. AGENDA TTEM #6 - RESOLUTION ►991-44, AMENDING THE TOWN EMPLOYEES RETIREMENT PROGRAM AY EXPANDING Ei.i_GlHILi`iti TO ALL MEMBERS AND DECLARTNG AN EMERGENCY. Minutes or the Regular Session of the Town Council 10 03, 9i ggg,,, Page 4 of 6 ayor (.1ir i i I n railed upon ;'ir. rarre t ; wriri retiiiecren i nar rn i s 1 rP1'l anti ;1 i'ilila item lilimnel' seven no continued itnr i i me Ocrnher 1 / , i 9Y i meet i ng. he sail; r iiri r Fee Ke:ri l iit i en rnneern i IiP rnr• retirement ero Pram needed some ann i r i!>iia m iarlriral Inl1 :'.r h:?1'rt• i f,raroci rna; rnr• iown .S parr rime employees had, in r.li r , perm paying hilt 1.1 i ,-;eciii 1 r V since .ill i s i . He arloPri t oar rue i nrenr WAS TO add only Pew, fll I i rime, nronar i nnary ernp ioyee'; on ro me rem i remenr pro ram. AGENDA -ITEM ,r7 — ORDINANCE 5 i—i _ AMENDING THE FOUNTAIN HiLLS COD IiV Al)i)l rt. THERETO A NEW CHAPTER in ENTITLED STREETS ANi) SIDEWALKS, AND PROVIDING FOR ENCROACHMENT PERMITS FOR Plini,T< STREETS RiGHTS—OF—WAY AND WATRit COURSES. °,r ra1'T'i�I i Sr:lrPil riear ne and Harrel wore nor preparers to "t)resenr rni s I relit ar r nis rime. lalilni,l ;woman I innorrc made rnr' MOTION TO ronr lnue as requested in a PPnna item it rl. SF,(:ONi)I'u nv Councilman O'Brien and CARRIED iinani moli'1 v. AGENDA d rEm #6 — Pl i<i iSANT TO A.R.S. .3A-431 .03.A.3 AND 38-4 i i .03.A.7, VOTE TO GO INN', EXECUTIVE SESSION TO DISCUSS ANDiOR kECFIVE LEGAL ADVICE I ROii THE, ATTORNEY OR ATTORNEYS Or THE PUBLIC hue i AND CONSIDER iTS POSITION AND I NSTI IIC I ITS REPkFSENf'AI ivi';S kEGARDING Nrt,(1d LATiON t'OR THE PURCHASE Oil LEASE OF REAi, PROPERTY_„ RESPECTIVELY. V i re ,•,nvnr t:i ark thane r ne MOTION TO ' fl into r•4r'riir i ve sr•-:s i(,n . SECONDED by Councilman Fox ann CARRIED nna ry linnil.s i v. AGENDA ITEM #9 — CAL.I, TO THE ri;fsi•i i:. ;';0,u1 vr•ril rl ko(i 1 r There was any i tit-i lienre r,VPr rriO' blasting that was r,l, ini' mare on the reservarion and Mayor t:ilti i Io stared tiler .raft- ronird sneak ro him arrt'r rnr• mooring; reiarrii nt'. ruts issue. AGENDA I1Ei•I #10 — GO -i ,;it) h,\t',l,l,I i4i, SESSi o'Ni Kh,II;K:\ Its t<SGiILAi .Si SION ANi,l Ad).iOidRiNMEhill i ne l.niinm i , rcmescetl TO i-:Xroiir i vP SE;s i on nu ii:•+l) p.m. and rortirnerd to regll i ar sec :l_on AT 10:.-0) p.m. iaii illr.l iman nilil sitn matte ;1 i"s)i iON I Ii :1 i11!)ii rn. SECONDED nV Mayor i.ur i I to and (.i inK i h,l) ililalll tlivtts i v. The Town tiliinrl ; nil )riill hots ar ,iunrnximare i V ;u:n I p.m. ;':lnilt-P>, by TOO Kegillar ;-,Pssi011 of rno Towtt :,MIIIr'1 f 10/11.-i/ 'i1 thbvie rapo t Of 0 oW%. ih rOLViA Aohi Chrilio, ,;:ryor (11/9.44-Lt-- ATTT,ST: Cassieh. Hansen, Town cork Pi.4%-PAki-T) hl .41,1 hari ol rimer, seorerary T norohy corrify rhar rno #4,rognin minhros are a trim o and correor ropy of rho mihnros of the kopriliar nnri ng 'nolo ry rho iown Gonnril of Fountain Hills on rho Ain hay iii Ocrohor i:hrrher oorticy rnat the mooring was dilly cail.ed and tear a quornm was present . iATiI this /14-k._ day of Orroher 1991 . 124.A.AL,_ Cassie fs. Hanson , Town Clerk Ne-1) nmirns oi rho Regniar Session of the Town Connoil 10/03/ 01 i-age 6 of h