Loading...
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 ir 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 Page 2 of 6 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. krawy 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 Page 3 of 6 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 Loy 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 Page 6 of 6