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HomeMy WebLinkAbout1993.0902.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 2, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, September 2, 1993, 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 O'Brien and Councihnembers Peg Tibbetts, Wally Hudson, Don Lawrence, Mike Minarsich, and Frank Clark. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson, and Administrative Assistant Marcia Jewett. AGENDA ITEM #2. - ACCEPTANCE OF THE MEETING MINUTES OF AUGUST 19, 1993. Councilman Minarsich MOVED to accept the meeting minutes of August 19, 1993. SECONDED by Councilman Lawrence and CARRIED unanimously. AGENDA ITEM #3. - CONSIDERATION OF LIQUOR LICENSE APPLICATION OF MR. iOHN DAIZA FOR THE CORNER STOP LOCATED AT 15225 FOUNTAIN HILLS BLVD. THE APPLICATION REQUESTS THE PERSON TO PERSON TRANSFER OF A LICENSE NUMBER 7, A BEER AND WINE BAR AND LIQUOR STORE LICENSE. Mr. Nordin said staff recommended approval of the transfer. Councilman Lawrence asked if the statutes stated, in a liquor license transfer if the recipient of the license met the criteria, the Council must, may or can approve or deny the license. Mr. Farrell said the statute granted local municipalities the ability of review but did not provide to that municipality the power to deny or approve, but merely to make a recommendation. If the recommendation was for anything other than approval, the Liquor License and Control Board requested that the Town provide stated reasons of denial and an additional hearing would be held. If approval was recommended, it would be granted without the need of a hearing before the Board. The Council was merely making a recommendation. Councilman Lawrence asked if the zoning ordinance restricted where liquor licenses may be used. Mr. Jeppson said the zoning ordinance specified where a liquor store and restaurants that served alcoholic beverages, could be located The property was in the C-1 zoning district and allowed liquor stores. Councilwoman Tibbetts asked if a hearing could be held so that citizens could be heard. Mr. Farrell said in order to have an automatic hearing, a denial would be necessary from the local community. Citizens were free to request a hearing and a hearing was usually granted. The criteria that was set forth in the State Statute on a person to person transfer of an existing liquor license would be the qualifications of the person seeking that transfer rather than revisiting the issues of location or proximity to churches and schools. It was the applicants burden to convince the Council and citizens that the transfer would serve the public convenience and would be in the best interest of the community. Councilman Lawrence said the best interests of the community would not substantially be served and was opposed to the transfer issuance. Councilman Minarsich asked, if the current owner of the liquor license wanted to reopen the business, would there be a need for the issue to come before the Council and Mr. Farrell said no. Mayor Cutillo wanted the public to know that he felt a business should not be prevented from selling to another person because that person wasn't liked. Councilman Lawrence felt the impact on the community was the issue and not the individual. Councilman Minarsich MOVED to accept the liquor license application of Mr. John Daiza, liquor license number 7 for the Corner Stop located at 15225 Fountain Minutes of the Regular Session of the Town Council 09/02/93 Page 1 of 5 AGENDA ITEM #12. - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE (W 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.) Mayor Cutillo made the call to the public. No one came forward. AGENDA ITEM #13. - ADJOURNMENT. Mayor Cutillo called for a motion to adjourn. Councilman Lawrence made a MOTION to adjourn. SECONDED by Councilman Clark and CARRIED unanimously. The Town Council adjourned at approximately 7:00 p.m. TOWN OF FOUNTAIN HILLS ATTEST: &Z4 '6• ""-�. Cassie B. Hansen, Town Clerk PREPARED BY: �- \ .tiy z/ Marcia M. Jewett, Admin. Assist" 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 19th day of August, 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this a nck day of September 1993. 0'�� '6- d.,' Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 08/19/93 Page 4 of 4 Hills Blvd. SECONDED by Councilman Clark. Mayor Cutillo asked for discussion from the public. Nicholas Guttilla who represented the applicant, said the purchase of the shopping center was contingent on the license being issued. He brought forward several past cases similar to this one and quoted from several state statutes. Councilman Minarsich read the recommendation from the Town Marshal, stating his approval. Mr. David Frech, Pastor of the New Life Christian Fellowship and the New Life Christian Academy which operated within 300' of the proposed premise, stated his opposition to the liquor license. He felt the issue was zoning and asked if a new owner could purchase an existing discontinued business that had not operated in that capacity for over three (3) years. He had spoken with the State Liquor Board who assured him there were discontinuance laws if the business had not been operating for two (2) years and it would need to go through reassessment. Councilman Minarsich stated, for the record, that a very thorough investigative background check had been done on the issue and the license was last renewed on January 29, 1993 and was valid until February 28, 1994. In the investigative report from Marshal Gendler, the New Life Christian Church and the church school were mentioned as being within 300'. Councilman Minarsich said he could not make a decision based on his personal feelings but rather on the letter of the law and Arizona State Statutes told him that he had absolutely no right to restrain the applicant. Stan Connick, 11027 North Pinto, said in the future, this should be a zoning issue and encouraged the Council to deny recommendation of the license. Councilman Minarsich asked if an item was added to the zoning ordinance regarding the 300' law, would it be superseded by state law. Mr. Farrell said the ordinance deleted stores from a C-1 zone and stores that sold liquor for consummation from certain permitted zones would be removed. Liquor laws did not prohibit new licenses within 300' and the zoning ordinance would need to be rewritten. Councilman Clark felt the real issue was the matter of property rights. The owner of the property had a valid license and with that license the property was worth a certain amount. If that license was taken away, the property value would be less and someone should be compensated. If the current property owner was denied the legal status of that property prior to selling, those who denied the individual the right should compensate him. He felt there was no other option but to approve the license. Frank September, Palisades Blvd., questioned whether or not the license itself was renewed and wasn't in use, the use question was still on the table. Mr. Farrell said the citizens should raise that issue with the Liquor License Board. The Council was not empowered to either revoke, suspend, cancel, or grant a liquor license and if the state department sent a liquor license request, it should be posted, a public hearing would be held, and a recommendation be made. There was some inconsistency in the state statutes that the liquor board would have to explain to the citizens about the license. Councilman Clark pointed out that the present license was active and valid until February, 1994. Councilman Lawrence stated again that he felt the recommendation should be a denial. Mayor Cutillo MOVED the question for a vote. SECONDED by Councilman Minarsich. The motion CARRIED with five (5) aye votes to two (2) nay votes cast by Councilmembers Tibbetts and Lawrence. AGENDA ITEM #4 - PRESENTATION BY TERRY OESTER ON THE PARTNERSHIP FOUNDATION, A NON-PROFIT FOUNDATION FOUNDED TO BRING TOGETHER PUBLIC AND PRIVATE ENTITIES TO DEVELOP EDUCATIONAL OPPORTUNITIES FOR THE TRAINING AND RETRAINING OF PEOPLE FOR A GLOBAL MARKETPLACE. Mr. Oester made a presentation on the Partnership Foundation and asked for a letter of support from the Council. The Foundation was created in July 12,1993 to find a way to fund certain programs. The purpose of the Foundation was to center on the implementation of educational programs for life long learning in conjunction with the utilization of computer technology and communication industries. A two and a half year budget of over $91M had been established with most of that going to the construction of buildings. Several congressional candidates and state representatives had offered support. Mr. Oester said the program would increase assessed values, and had the potential of increasing tourist traffic, retail exposure, national and international exposure, employment opportunities and that there was a potential for spin-offs. Councilman Clark asked if Fountain Hills was really the best location for such a venture. Mr. Oester said the first goal was to raise money in order to do an assessment and marketability Minutes of the Regular Session of the Town Council 09/02/93 Page 2 of 5 and feasibility studies to determine the market. Councilman Clark MOVED that the Council issue an appropriate document endorsing the venture. SECONDED by Vice Mayor O'Brien and CARRIED unanimously. Mayor Cutillo said the concept sounded great but the feasibility of the program would have to be proven. AGENDA ITEM #5 - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) #5.A. Consideration of authorizing $10,000 from the general fund to be used as matching funds for the construction of a "tot lot" in Golden Eagle Park. Mr. Nordin said the Parks and Recreation Commission had asked if the Town would match the funds on a dollar for dollar basis. The timing of the tot lot would be contingent upon receipt of the funds. Councilman Hudson asked if the tot lot was in the next phase of the development of the park and when it would be completed. Mr. Nordin said that would depend on how much money was received. Ms. Goodman said the $20,000 would be used to purchase, deliver, and install the playground equipment. In addition, the design called for trees, landscaping materials, boulders and a small wall. Councilman Clark MOVED approval to move this project forward as presented, and the Town approve up to $10,000 in matching funds, whether or not the Heritage Grant money was received. SECONDED by Councilwoman Tibbetts. Mayor Cutillo suggested shading/covering be included in the second phase. Mr. Nordin said $120,000 was already set aside in reserve for matching funds for the Heritage Fund Grant. The $10,000 was in addition to the $120,000. The motion CARRIED unanimously. #S.B. Consideration of selecting a council member to serve as a representative on the Arizona League of Cities and Towns Executive Committee. Mr. Nordin asked direction from the Council as to what names should be submitted. Councilman Hudson explained the process for selection by the League and pointed out that the position was for a two year term. This would mean that if Mayor Cutillo were not elected, the town would have no representative on the committee. Mayor Cutillo said he did intend to run for Mayor and be re-elected. Councilman Minarsich nominated Mayor Cutillo to serve on the Arizona League of Cities and Towns Executive Committee. SECONDED by Councilwoman Tibbetts. Vice Mayor O'Brien nominated Councilman Wally Hudson for the position. SECONDED by Councilman Clark. A roll call vote was taken for the nomination of Mayor Cutillo and the results were as follows: Mayor Cutillo aye Councilman Lawrence aye Councilman Minarsich aye Councilwoman Tibbetts aye Councilman Clark nay Councilman Hudson nay Vice Mayor O'Brien abstained The roll call results were four (4) aye votes to two (2) nay votes and an abstain by Vice Mayor O'Brien. #S.C. Consideration of a procedure/schedule to fill three seats on the planning and zoning commission caused by expiring terms. Mr. Nordin suggested interviews be done at a study session on September 14 and the appointment be made in two (2) weeks. An alternative would be to short list the eleven (11) candidates to six (6) and shorten the interview process. Councilwoman Tibbetts MOVED to short list to six(6) and interview from there. SECONDED by Councilman Minarsich. Councilman Minarsich WITHDREW his second to allow Councilwoman Tibbetts to rephrase. Councilwoman Tibbetts MOVED to get a short list of six (6) and establish it by priority. Councilman Hudson said he would prefer to interview all applicants. He felt it wasn't fair to those who applied to not be interviewed and the time spent would be worthwhile. Councilman Clark supported Councilman Hudson. There was further discussion on how to proceed with the interview process. The motion was SECONDED by Minutes of the Regular Session of the Town Council 09/02/93 Page 3 of 5 Councilman Minarsich and CARRIED with six (6) aye votes to one (1) nay vote cast by Councilman Hudson. Mr. Nordin said items D. and E. would be combined and discussed together. #5.D. Consideration of the Planning and Zoning Commission recommendation on the Town Council's questions concerning "C-O", R1-190", "R-5" and Land Disturbance for inclusion within the proposed Zoning Ordinance. #5.E. Consideration of setting public hearing dates on the proposed Zoning Ordinance. Mr. Nordin said the staff had suggested that Council consider setting a schedule for the public hearing process on the proposed planning and zoning ordinance. He said there would be a work study session on September 14 and on September 16 the Council would direct staff to publish the ordinance. Mr. Nordin explained that after the document was declared a public document, it would then go back to the P & Z Commission for a formal public hearing and would then be presented to Council for a final formal public hearing. Councilman Minarsich gave the direction that Council go forth with the interview scheduled for 6:00 p.m., and if time ran short it would be scheduled at the next available meeting. Mr. Nordin said he would compile a summary for each councilmember. Mayor Cutillo called a recess to the regular session at approximately 8:26 p.m. and declared the public hearing open. AGENDA A. - PUBLIC HEARING ON ORDINANCE 93-18, AMENDING "THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS" AND AMENDING THE OFFICIAL ZONING DISTRICT MAPS .. OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT ARTICLE XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF 68.6 ACRE AREA LOCATED NORTH OF SIERRA MADRE DRIVE, EAST OF MONTEZUMA BOULEVARD, SOUTH OF GOLDEN EAGLE BOULEVARD, AND WEST OF CERRO ALTO DRIVE, IN THE AREA TO BE KNOWN AS FOUNTAIN HILLS ARIZONA FINAL PLAT NO.512; FROM "R1-10" TO "R1-10 RESIDENTIAL UNIT PLANNED DEVELOPMENT #Z93-06/S93-05". Mayor Cutillo asked for those to speak in favor of or opposition to this zoning ordinance change. No one came forward. Mayor Cutillo closed the public hearing at approximately 8:27 p.m. and reconvened the regular session. AGENDA ITEM #7. - CONSIDERATION OF ORDINANCE 93-18, AMENDING "THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS" AND AMENDING THE OFFICIAL ZONING DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT ARTICLE XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF 68.6 ACRE AREA LOCATED NORTH OF SIERRA MADRE DRIVE, EAST OF MONTEZUMA BOULEVARD, SOUTH OF GOLDEN EAGLE BOULEVARD, AND WEST OF CERRO ALTO DRIVE, IN THE AREA TO BE KNOWN AS FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 512; FROM "R1-10" TO RESIDENTIAL UNIT PLANNED DEVELOPMENT #Z93-06/S93-05". Councilman Minarsich MOVED acceptance of Ordinance 93-18 as stated and it was SECONDED by Councilman Clark. Vice Mayor O'Brien asked how requirement for the building envelopes would be resolved. Mr. Nordin said that was done through the RUPD process and instead of allowing the reduced setbacks to be applied to all of the lots, those particular lots where the reduced setbacks would be allowed, would be delineated. The motion CARRIED unanimously. Minutes of the Regular Session of the Town Council 09/02/93 Page 4 of 5 AGENDA ITEM #8. - CONSIDERATION OF THE FINAL PLAT FOR FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 512 AKA NORTH HEIGHTS - PHASE IV; A RESUBDIVISION OF A PORTION OF FOUNTAIN HILLS ARIZONA FINAL PLAT NO.507-B. FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 507-A AND LOT 10 OF FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 510 (CASE Z93-06/S93-05). Councilman Minarsich MOVED approval Final Plat No. 512 aka North Heights - Phase IV and SECONDED by Councilwoman Tibbetts. Vice Mayor O'Brien asked if the staff recommendation included the two (2) stipulations. Councilman Minarsich said it did. Mr. Nordin said he had several conversations with MCO regarding the sidewalk issue and an agreed upon policy would be presented to Council sometime late October or the fast part of November. Mr. Nordin recommended that no sidewalks be mandated to be included in Plat 512 at this time. Councilman Hudson asked if the plats allowed for sidewalks, would they be included and Mr. Nordin said that was a possibility. Part of the sidewalk plan that MCO was concerned with was who would pay for what. MCO was willing to assume their share and in the next 60 days there would be another opportunity for the sidewalk requirement. The motion CARRIED unanimously. AGENDA ITEM #9. - 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.) Mayor Cutillo made the call to the public. No one came forward. AGENDA ITEM #10. - ADJOURNMENT. Mayor Cutillo called for a motion to adjourn. Councilman Minarsich made a MOTION to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 8:36 p.m. ATTEST: Cassie B. Hansen, Town Clerk CERTIFICATION TOWN OF UNTAIN By: ' Jo M. Cutillo, yor PREPARED BY:)�L���,, Marcia M. Jewett, Admin. Assist. 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 2nd day of September, 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this day of September 1993. U ` 4. LA.6 - Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 09/02/93 Page 5 of 5