HomeMy WebLinkAbout1995.0119.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
cor FOUNTAIN HILLS TOWN COUNCIL
JANUARY 19, 1995
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30
P.M.,Thursday,January 19, 1995,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,Frank Clark, Bill O'Brien and Marianne
Wiggishoff. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen,
Director of Community Development Gary and Town Engineer Randy Harrel.
Due to the anticipation of a capacity crowd, Mayor Cutillo recessed the Regular Session of the Town Council
meeting to the Fountain Hills Jr./Sr.High School Lecture Hall, 16000 Palisades Boulevard at 6:31 P.M. The meeting
reconvened at 6:45 P.M.
Mayor Cutillo read the Consent Agenda which included the following agenda items:
AGENDA ITEM 2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF
JANUARY 5TH, 1995.
AGENDA ITEM 3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
Lir FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL GREAT FAIR SCHEDULED FOR
10:00 A.M.TO 5:00 P.M. FRIDAY,SATURDAY AND 8:00 A.M.TO 5:00 P.M. SUNDAY,FEBRUARY 24,
25 AND 26, 1995. THE EVENT WILL REQUIRE THE CLOSURE OF SAGUARO BOULEVARD FROM
PARKVIEW AVENUE TO EL LAGO BOULEVARD AND AVENUE OF THE FOUNTAINS FROM
SAGUARO BOULEVARD TO LA MONTANA.
AGENDA ITEM 4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
SUNSET KIWANIS FOR A FUND-RAISING DUATHALON TO BE HELD ON SUNDAY, JANUARY 22t
1995 FROM 7:00 A.M.TO 11:00 A.M. THE ROUTE FOR THE CYCLE/RUNNING RACE WILL UTILIZE
THE RIGHTS-OF-WAY ON PORTIONS OF PALISADES BOULEVARD, FOUNTAIN HILLS
BOULEVARD,SAGUARO BOULEVARD AND LA MONTANA DRIVE. NO STREET CLOSURES WILL
BE REQUIRED.
Vice Mayor Hudson MOVED to approve the Consent Agenda as read. Councilwoman Tibbetts SECONDED the
motion.
A roll call vote was taken with the following results:
Councilman Lawrence aye
Councilwoman Tibbetts aye
Councilwoman Wiggishoff aye
Councilman Clark aye
Councilman O'Brien aye
Vice Mayor Hudson aye
Mayor Cutillo aye
Minutes of the Regular Session of the Town Council 01/19/95
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Page 1 of 6
AGENDA ITEM 5 - CONSIDERATION OF THE APPOINTMENT OF TWO CITIZENS TO THE PARKS
AND RECREATION COMMISSION TO FILL THE VACANCIES CREATED BY EXPIRING TERMS.
Mayor Cutillo MOVED to appoint Peter Klein and Gary Persinger to the Parks and Recreation Commission for a
three-year term beginning February 1, 1995 and ending January 31, 1998. Vice Mayor Hudson SECONDED the
motion which CARRIED unanimously.
AGENDA ITEM 6 - CONSIDERATION OF CONDUCTING A CITIZEN SURVEY, PRIOR TO THE
ENACTMENT OF A SALES TAX, TO POLL THE RESIDENTS ON ENHANCED SERVICES AND
AMENITIES WHICH WOULD BE FUNDED BY THE SALES TAX.
Mayor Cutillo explained his request to conduct a survey in order for the citizens of Fountain Hills to determine their
priorities regarding improvements or services needed and/or wanted by the community. Mayor Cutillo MOVED to
instruct the staff to prepare a poll with the assistance of outside professionals and provide funds of up to $10,000
for this poll. Because there was no second to the motion, the motion DIED. There was no further discussion.
AGENDA ITEM 7-CONSIDERATION OF COMPLETING THE"MENU" FOR THE MODEL CITY TAX
CODE.
Town Manager Nordin presented a model city tax code menu and the detailed code provisions that would be adopted
by the Council to enact the local sales tax. He introduced Cathy Connolly from the Arizona League of Cities and
Towns who had assisted him in the preparation of the menu pursuant to past discussions including rates, items to
be taxed and exempted. Items from the menu which Mr.Nordin reviewed were the inclusion of a sales tax on food
and no tax on residential rentals. He did, however, state that there would be a tax on hotel/motel rooms plus any
commercial rentals (bed & breakfast facilities, etc.). All governmental entities would be excluded from any sales
tax. Taxation on lands sold with construction was also included.
Ms.Connolly answered several questions in reference to the menu. She stated that all cities currently tax commercial
rental revenues. She explained that the tax on commercial rentals is justified because businesses would produce
revenues. She further stated that the menu had been prepared in accordance with current state tax-application
policies.
Councilwoman Wiggishoff MOVED to exempt all rentals including commercial rentals from the sales tax. There
was no second to the motion and the motion DIED.
Councilwoman Tibbetts said that State Department of Revenue agents are present for the Great Fair and Arts&Craft
Fairs to insure that sales tax is collected.
Vice Mayor Hudson MOVED to accept the tax code menu as presented. Councilwoman Wiggishoff SECONDED
the motion.
Mr.Nordin stated he would make the menu available to the public as requested. The ordinance and resolution would
be prepared for Council approval at the February 2, 1995 meeting. He indicated that the enactment date for the sales
tax would be set for May 1, 1995.
Beverly Kinsey inquired if decisions had been made regarding how sales tax revenues would be spent. Mr.Nordin
explained that those decisions would be made at budget preparation time and that the public could make
recommendations at that time.
Minutes of the Regular Session of the Town Council 01/19/95
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Gloria Coleman requested that funds for public transportation be provided with sales tax revenues. She provided
information to the Council for implementing a van service.
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Frank Blackford objected to approving a sales tax for the Town. He suggested a year-to-year analysis of all revenue
sources since incorporation and to project revenue sources for the next five years. He presented his report to the
Clerk for the record.
Arthur Millman stated that the sales tax proposal should have been submitted to the citizens for a survey.
Robert Garrison said he considered it poor planning to establish a sales tax at this time and plans for spending
revenues determined at a later time.
The motion to approve the sales tax code menu CARRIED unanimously.
AGENDA ITEM 8 - CONSIDERATION OF THE ESTABLISHMENT OF A FOUNTAIN HILLS ARTS
COUNCIL TO PROVIDE INFORMATION, ADVOCACY AND ENCOURAGE EXISTING AND
POTENTIAL PARTNERSHIPS. DESIGNATING SUCH A COUNCIL WOULD ENABLE POTENTIAL
FUNDING THROUGH ARIZONA COMMISSION ON THE ARTS AND NATIONAL ENDOWMENT FOR
THE ARTS GRANTS AND PROVIDE A CENTRAL COORDINATING CULTURAL FOCUS.
Vice Mayor Hudson stated that at present this was a community effort and that the Council should be approached
after this group was organized and had their bi-laws established. He indicated that eventually this group might be
included in the yearly budget.
Mayor Cutillo said this group needed the endorsement of the town but that it should be privately funded,not using
Caw tax dollars.
Councilwoman Wiggishoff commended the Civic Association for their efforts in organizing and conducting the
cultural assessment recently completed. She thought the designation of two council members to work with the
creation of this commission would be helpful.
Mrs.Jackie Miles spoke to the Council as Chairman of the Arts Council and asked for official recognition from the
Town to be eligible for grants.
Mr. Nordin stated that adoption of a resolution to recognize this group was in order rather than adopting an
ordinance.
Councilman Clark supported the efforts of an arts council . Vice Mayor Hudson,
Councilwoman Wiggishoff and Councilman O'Brien else volunteered to serve on the Committee.
Councilwoman Wiggishoff MOVED to designate two Council members to assist the Civic Association Cultural
Assessment Committee from formation to incorporation. Councilman Clark SECONDED the motion.
Mrs. Miles said efforts to date were in their early stages and that Council assistance would not be needed for two
months. Therefore,Councilwoman Wiggishoff WITHDREW her motion and Councilman Clark WITHDREW his
second to the motion.
The consensus of the Council members indicated support for the formation of an Arts Council in the community.
Nay Minutes of the Regular Session of the Town Council 01/19/95
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AGENDA ITEM 9 - PUBLIC HEARING TO RECEIVE TESTIMONY ON AN APPLICATION FOR A
SPECIAL USE PERMIT FOR 16918 COLONY DRIVE AKA LOT 3, BLOCK 1, PLAT 205 TO ALLOW
CONSTRUCTION OF EIGHT RESIDENTIAL UNITS ON A LOT WHICH IS LOCATED IN A "C-3"
ZONING DISTRICT, CASE NUMBER SUP94-07.
Mayor Cutillo withdrew from participation on Agenda Item 9 and 10.
Vice Mayor Hudson called a recess to the Special Session of the Town Council and declared the public hearing open
at 7:54 P.M.
Mr. Jeff Valder reviewed his staff report and stated that staff as well as the Planning & Zoning Commission had
recommended denial of the special use permit because the proposed use would be incompatible with the existing
commercial uses in the immediate area.
Mr. Louis Becker, representing the applicants, asked for approval of the special use permit.
Vice Mayor Hudson declared the public hearing closed and reconvened the Special Session of the Town Council at
8:08 P.M.
AGENDA ITEM 10 - CONSIDERATION OF AN APPLICATION FOR A SPECIAL USE PERMIT FOR
16918 COLONY DRIVE AKA LOT 3, BLOCK 1, PLAT 205 TO ALLOW CONSTRUCTION OF EIGHT
RESIDENTIAL UNITS ON A LOT WHICH IS LOCATED IN A "C-3" ZONING DISTRICT, CASE
NUMBER SUP94-07.
Councilman Clark MOVED to deny the application for a special use permit for 16918 Colony Drive. Councilwoman
Wiggishoff SECONDED the motion which CARRIED with a 6-0 vote, Mayor Cutillo abstained.
Vice Mayor Hudson returned the meeting to Mayor Cutillo after the vote.
AGENDA ITEM 11-PUBLIC HEARING FOR A REZONING REQUEST OF HTC CAPITAL GROUP(Z94-
31)TO REZONE A 22.724 ACRE PARCEL FROM "C-2" TO"R-4",LOCATED SOUTH OF PALISADES
BOULEVARD, WEST OF THE BASHAS SHOPPING CENTER AND EAST OF THE SAFEWAY
SHOPPING CENTER.
Mr. Valder explained that the applicant,HTC Capital Group, had asked for a continuation of this public hearing to
March 2, 1995. He further stated that staff had urged the applicant to apply for a conditional use permit which
would premit a specific project rather than change the zoning. If approved,the conditional use permit would be good
for 180 days. If building permits had not been submitted by that time, the conditional use permit would lapse.
A resident expressed concern over the number of times this item had been continued and felt that the applicant was
trying to avoid public comment.
Mayor Cutillo also expressed concern for the delays and suggested, prior to making the motion, that staff indicate
to the applicant that this would be the last time that the Council would agree to continue the item.
Mayor Cutillo then MOVED to continue the public hearing for HTC Capital Group to March 2, 1995. Councilman
Clark SECONDED the motion.
Minutes of the Regular Session of the Town Council 01/19/95
Page 4 of 6
Mary Pilarinos asked for clarification about the zoning of the land in this area. She was advised the zoning is C-2
for this parcel.
The motion CARRIED unanimously.
AGENDA ITEM 12 - CONSIDERATION OF ORDINANCE 94-50 A REZONING REQUEST OF HTC
CAPITAL GROUP (Z94-31)TO REZONE A 22.724 ACRE PARCEL FROM "C-2" TO "R-4", LOCATED
SOUTH OF PALISADES BOULEVARD,WEST OF THE BASHAS SHOPPING CENTER AND EAST OF
THE SAFEWAY SHOPPING CENTER.
No action was taken on this matter.
AGENDA ITEM 13 - CONSIDERATION OF THE TOWN COUNCIL SPONSORING A TEXT
AMENDMENT TO THE C-3 ZONING DISTRICT TO PERMIT CONSTRUCTION EQUIPMENT
STORAGE YARDS BY SPECIAL USE PERMIT.
Community Development Director Gary Jeppson told the Council that the current zoning ordinance only permits
construction storage yards in IND-2 zoned areas. He called attention to the location of the only area zoned C-3
which was located north and east of Saguaro Boulevard and south of Morningside subdivision. Mr. Jeppson said
that special use permits would be required with a text amendment and referred to his Attachment"A"from his memo
which stated minimum specifications. Public hearings would be required both by the Planning & Zoning
Commission and the Town Council.
Mayor Cutillo MOVED to sponsor a text amendment to the C-3 Zoning District to permit construction equipment
storage. Councilman Lawrence SECONDED the motion which CARRIED unanimously.
AGENDA ITEM 14- 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.
Ron Lopack spoke in opposition to the closing of Saguaro between El Lago and the Village Bazaar entrance for the
Great Fair activity.
Nick Davis spoke in favor of the sales tax and Mr. Nordin's outline of priorities. He felt that Fountain Hills was
greatly in need of additional recreational facilities. He thought a concession stand should be added to Golden Eagle
Park which could be leased out. He also suggested a multi-purpose facility be constructed.
Mary Pilarinos spoke in favor of the sales tax and urged the Council to support public transportation needs with sales
tax revenues.
Jerry Kirkendall urged the Council to consider the construction of a town swimming pool and at least 8 tennis courts
to enable tournament play.
Kim Schumann spoke in favor of the sales tax and the priorities of mad maintenance, police protection, parks and
recreation facilities and a town center.
Liv Minutes of the Regular Session of the Town Council 01/19/95
Page 5 of 6
Jack Bercel was surprised that the Council didn't require a survey from the citizens regarding the establishment of
a sales tax and priorities for spending this additional revenue.
L
AGENDA ITEM 15 - ADJOURNMENT.
Councilman Lawrence MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 8:40 P.M.
TOWN OF FOUNTAIN HILLS
By:
J n . Cutillo, Mayor
ATTEST: ijit'11A-44-"'")
Cassie B. Hansen, Town Clerk
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PREPARED BY:_ � = ��: (( .
Linda D. Lemmen, Administrative Assistant
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 January, 1995. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 2nd day of February, 1995.
461 4-ttAA-a -)
Cassie B. Hansen, Town Clerk
cry Minutes of the Regular Session of the Town Council 01/19/95
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