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