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HomeMy WebLinkAbout1994.0616.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 16, 1994 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, June 16, 1994, 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 Councilman Lawrence,roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Wally Hudson,and Councilmembers Don Lawrence, Peg Tibbetts, Marianne Wiggishoff, Frank Clark and Bill O'Brien. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Current Planner Jeff Valder. AGENDA ITEM #2. - PRESENTATION OF APPRECIATION PLAQUE TO FORMER COUNCILMAN MIKE MINARSICH. Mayor Cutillo presented a plaque to former Councilman Minarsich and then congratulated and thanked him for his service. Mayor Cutillo read the consent agenda, which included: AGENDA ITEM#3.-CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 2, 1994. AGENDA ITEM #4. - CONSIDERATION OF THE FINAL PLAT FOR "MOUNTAIN VIEW ESTATES CONDOMINIUMS",A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 16508 FAIRFAX DRIVE AKA LOT 7, BLOCK 6, PLAT 104, CASE NUMBER S94-57. AGENDA ITEM#5. - CONSIDERATION OF THE FINAL REPLAT OF LOT 15, BLOCK 4 FOUNTAIN HILLS,ARIZONA FINAL PLAT 102,LOCATED AT THE NORTHWEST CORNER OF LA MONTANA DRIVE AND HAMILTON DRIVE, CASE NUMBER S94-56. AGENDA ITEM #6. - CONSIDERATION OF FY '94/95 LAW ENFORCEMENT CONTRACT WITH MARICOPA COUNTY SHERIFF'S OFFICE. AGENDA ITEM#7.-CONSIDERATION OF RESOLUTION 1994-27,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT LOCATED ALONG THE REAR LOT LINE OF LOT 11, BLOCK 1, OF PLAT 505-D FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE SOUTHWESTERN ONE FOOT OF SAID EASEMENT; AND DECLARING AN EMERGENCY. Councilman Clark MOVED approval of the consent agenda as read and Councilwoman Tibbetts SECONDED. A roll call vote was taken with the results as follows: Councilman Lawrence aye Councilwoman Tibbetts aye Minutes of the Regular Session of the Town Council 06/16/94 ,,410) Page 1 of 4, Councilwoman Wiggishoff aye Councilman Clark aye Councilman O'Brien aye Vice Mayor Hudson aye Mayor Cutillo aye The motion CARRIED unanimously. Mayor Cutillo then recessed the regularly scheduled Council meeting at 6:35 p.m. and declared a public hearing open. AGENDA ITEM #8. - PUBLIC HEARING TO CONSIDER A PROPOSAL TO REZONE THE 14.02+ GLENVIEW SUBDIVISION FROM"R1-6" TO"R1-6 PUD",FOR THE SOLE PURPOSE OF REDUCING THE REQUIRED STREET SIDE-YARD SETBACK REQUIREMENT WITHIN THE SUBDIVISION FROM 20 FEET TO 10 FEET, CASE NUMBER Z94-09. No one from the public came forward so Mayor Cutillo declared the public hearing closed and reopened the regular Council meeting at 6:36 p.m. AGENDA ITEM #9. - CONSIDERATION OF ORDINANCE 94-14 APPROVING REZONING CASE NUMBER Z94-09, A PROPOSAL TO REZONE THE 14.02+ GLENVIEW SUBDIVISION FROM "R1-6" TO "R1-6 PUD" FOR THE SOLE PURPOSE OF REDUCING THE REQUIRED STREET SIDE-YARD SETBACK REQUIREMENT WITHIN THE SUBDIVISION FROM 20 FEET TO 10 FEET. Mr. Valder said the request for rezoning was by New American Homes and the plat had been approved by the Council early in 1993. He said the project was a cul de sac, and the change in setback most likely wouldn't be noticed except by people living in the project. He said there were six lots that would be affected by the change. Councilman Clark said there was a 20-foot setback when the garage faced the street,but wondered what assurance there was that there would be no side-facing garages with only a 10-foot side-yard setback. Mr.Valder said the P&Z Commission had had that same concern and the applicant had assured them that all garages would be accessed from the front. He said it had not been added as a stipulation, but that it could be added. Councilman Clark then MOVED to accept the application as presented by staff but with the stipulation that the designs with side-exit garages not be allowed. Mayor Cutillo SECONDED the motion. The motion PASSED unanimously. AGENDA ITEM#10.-CONSIDERATION OF A$4,000 EXPENDITURE SUPPORTING THE FOUNTAIN HILLS FOURTH OF JULY FIREWORKS DISPLAY. Mr. Nordin said the request was really for $4,200 and the Council had dealt with such a request each year since incorporation. Vice Mayor Hudson said he had previously voted against fireworks and would again do so. He said he had attended a M.A.G. Human Services program meeting and learned that it was likely that the Town's Red Cross service could be seriously curtailed. He was unable to get an answer as to how much of a cutback since no one could answer until the temporary county budget was approved on July 6. He said the Town may be requested to step in and pick up the county's fmancial slack and he thought the $15,000-18,000 being spent on fireworks would be better used for a longer-lasting purpose with more benefit to the citizens. Councilwoman Wiggishoff said since this issue recurred on an annual basis, maybe it would be a good idea to Minutes of the Regular Session of the Town Council 06/16/94 Page 2 of 4 include it as part of Parks & Recreation's budget. Mayor Cutillo said it would be unfair for the Town not to follow through with a donation for the year,but it might be a good idea to take a stand that in the future, the Town probably would not participate and if anyone wished to undertake such an event that they be made to understand they were to raise the funds themselves. Councilman Lawrence said he was very much in favor of supporting the event for two reasons. He thought it was a great way to show patriotism and support of our country's independence. The event was also something attended by families and he was in favor of any activities that supported the family. Councilwoman Tibbetts said that a little over one half of the money was accounted for and the Town would, hopefully,agree to$4,200. The Fort McDowell reservation had pledged$4,000 and the Chamber would match the highest donation received. MCO had also 'donated' the park for the occasion and she said she certainly felt that there had been a great demonstration of support for the event and that she would support the$4,200 request. Councilman Clark said it wasn't necessarily the town government's responsibility to assure that finances were available for the event. He thought that perhaps a local veterans group might feel a desire to take the event over in future years. He said he would support it this year, and would probably continue to do so in the future. Mayor Cutillo MOVED to approve the request for the $4,200 expenditure for the Fourth of July display and Councilman Lawrence SECONDED the motion. Mr. Bruce Hansen said he was in favor of patriotism, but it wasn't always necessary to look to town government to subsidize it. The community could very well raise the money and let the Town's money go toward the roads or the Red Cross van or some other worthy cause. The motion CARRIED six aye votes to one nay vote by Vice Mayor Hudson. Councilman O'Brien wondered whether there should be further discussion about the fireworks in future years and restricting involvement to the budgetary process. Councilman Clark said if the Council was going to include it in the budgetary process,it needed to be scheduled immediately since budget talks were already in process. Mr.Nordin said the item could be added to the budget talks. AGENDA ITEM#11.-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. AGENDA ITEM #12. - PURSUANT TO A.R.S. 38-431.03.A.7 AND A.R.S. 38-431.03.A.3., 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 NEGOTIATION FOR THE PURCHASE OR LEASE OF REAL PROPERTY;AND FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OF THE PUBLIC BODY; RESPECTIVELY. Vice Mayor Hudson MOVED to go into executive session. Councilman O'Brien SECONDED the motion which PASSED unanimously. Minutes of the Regular Session of the Town Council 06/16/94 Page 3 of 4 AGENDA ITEM#13. - RETURN TO REGULAR SESSION. The Council returned to regular session at 8:44 p.m. AGENDA ITEM#14. - ADJOURNMENT. Vice Mayor Hudson MOVED to adjourn; Councilman Lawrence SECONDED the motion which CARRIED unanimously. The Town Council adjourned at approximately 8:44 p.m. TOWN OF FOUNTAIN HILLS By: Jo . utillo, Mayor ATTEST: Cam. IJ • Cassie B. Hansen, Town Clerk PREPARED BY: 7 �' ' O' Rosalynn Rucker, Administra' e Assistant CER 1'li ICATION 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 16th day of June, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of July, 1994. (1A114--t ti . JAA-4A4 ..., Cassie B. Hansen, Town Clerk Liew Minutes of the Regular Session of the Town Council 06/16/94 Page 4 of 4