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Home My WebLink About1995.0216.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 16, 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, February 16, 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 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 Frank Clark and Councilmembers Wally Hudson, Don Lawrence,Peg Tibbetts, Bill O'Brien and Marianne Wiggishoff. Also present were Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson and Town Engineer Randy Harrel. Mayor Cutillo read the Consent Agenda as follows: AGENDA ITEM 2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF JANUARY 31ST AND FEBRUARY 2ND AND 7TH, 1995. AGENDA ITEM 3- CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY STEVE TEKESKY FOR THE ANNUAL TOUR DE FOUNTAIN HILLS. THE THREE DAY CYCLING EVENT Low IS SCHEDULED FOR FRIDAY,SATURDAY AND SUNDAY,MARCH 31ST,APRIL 1ST AND 2ND. ON FRIDAY,THE EVENT RUNS FROM 8:00 A.M.TO 8:30 A.M.,THE MAJOR PORTION OF THE EVENT IS ON THE HIGHWAY TO PAYSON. ON FRIDAY,ACTIVITIES RUN FROM 7:00 A.M.TO 12:00 P.M. AND ON SUNDAY, FROM 7:00 A.M. TO 7:00 P.M. AGENDA ITEM 4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST AMENDMENT SUBMITTED BY WILLIAM BEAMISH TO ADD FIREWORKS TO THE PREVIOUSLY APPROVED SPECIAL EVENT PERMIT FOR THE SOAP BOX DERBY SCHEDULED FOR SATURDAY,MARCH 18, 1995. MR. BEAMISH IS REQUESTING PERMISSION TO DISCHARGE 15 ARIAL DISPLAYS INTERSPERSED THROUGHOUT THE COURSE OF THE EVENT. THE DISPLAYS WOULD BE SET OFF FROM THE MIDDLE OF THE EMPTY FIELD DUE EAST OF TOWN HALL. AGENDA ITEM 5-CONSIDERATION OF GOLDEN EAGLE PARK PHASE II CHANGE ORDER#2,FOR RAMADA AND CHILDREN'S PLAYGROUND CONSTRUCTION. AGENDA ITEM 6-CONSIDERATION OF RESOLUTION 1995-05,ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN: THAT CERTAIN TWENTY-FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT AFFECTING ALONG THE SOUTHWESTERN LOT LINE OF LOT 37,BLOCK 1, OF PLAT 505C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM 7-CONSIDERATION OF RESOLUTION 1995-06,ABANDONING WHATEVER RIGHT TITLE OR INTEREST THE TOWN HAS IN: THAT CERTAIN TEN-FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT AFFECTING ALONG THE SOUTHWESTERLY LOT LINE OF LOT 14,BLOCK Minutes of the Regular & Executive Session of the Town Council 02/16/95 Page 1 of 5 2, OF PLAT 605A, FOUNTAIN HILLS,ARIZONA, AS RECORDED IN BOOK 164 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM 8-CONSIDERATION OF RESOLUTION 1995-07,ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN: THAT CERTAIN TEN-FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT AFFECTING ALONG THE SOUTHERN LOT LINE OF LOT 13,BLOCK 3,OF PLAT 603A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 170 OF MAPS, PAGE 24, RECORDS OF MARICOPA COUNTY, ARIZONA. Vice Mayor Clark MOVED to approve the Consent Agenda as presented. 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 Hudson Aye Councilman O'Brien Aye Vice Mayor Clark Aye Mayor Cutillo Aye AGENDA ITEM 9 - MONTHLY REPORT BY MAGISTRATE SHOOB. The monthly report for the month of January, 1995 was presented by Judge Shoob. He stated that the Court had been very busy and that curfew violations had increased. He stated that curfew offenders would be required to attend a special instructional session on February 25, 1995 at 9:00 A.M. AGENDA ITEM 10 - CONSIDERATION OF ORDINANCE 95-03, AMENDING THE TOWN CODE CHAPTER 9 PARKS AND RECREATION, ARTICLE 9-1 PARKS AND RECREATION DEPARTMENT BY ADDING A NEW SECTION 9-1-5 REGARDING THE CONSUMPTION OF BEER AND WINE ONLY PURSUANT TO A PERMIT AT SPECIFIED LOCATION IN GOLDEN EAGLE PARK AND PROHIBITING THE CONSUMPTION OF SPIRITUOUS LIQUOR IN GOLDEN EAGLE PARK; AND ESTABLISHING A PENALTY FOR VIOLATION OF THE SECTION. Attorney Farrell stated that a permit-type system required a$10.00 fee for persons and/or groups numbering from 1-50. No sales of beer and wine were permitted with this permit and spirituous liquor was prohibited. Mayor Cutillo was concerned about the discretion for approving permits being given to the Park and Recreation Director. He suggested criteria be established to determine if a permit should be issued. Attorney Farrell said that specific criteria could be determined if problems existed in the future. This criteria could be made part of the Town Code if the Council determined it nececsAry. Councilman Hudson MOVED to adopt Ordinance 95-03 as presented. Councilman O'Brien SECONDED the motion which CARRIED unanimously. Ley Minutes of the Regular & Executive Session of the Town Council 02/16/95 Page 2 of 5 AGENDA ITEM 11 -PUBLIC HEARING ON ORDINANCE 95-04,AMENDING SECTION 12.06 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW CONSTRUCTION EQUIPMENT STORAGE YARDS BY SPECIAL USE PERMIT IN A "C-3" ZONING DISTRICT. Mayor Cutillo turned the public hearing over to Vice Mayor Clark stating that he had a conflict of interest in this matter due to the location of his business. Vice Mayor Clark recessed the Regular Session of the Town Council and declared the public hearing open at 6:43 P.M. Mr.Jeppson stated that there were currently no areas in town where construction equipment storage areas could be located due to zoning restrictions. The "C-3" zoning district was considered to be an appropriate area for this purpose. Outdoor lighting,landscaping,site enclosure,outside wall installation,setbacks,sprinkler systems,vertical curbing and height limitations were items covered under this ordinance. Also an additional stipulation regarding the surfacing of storage yards with a dust-free material was included. No one spoke for or against this matter from the public. AGENDA ITEM 12 - CONSIDERATION OF ORDINANCE 95-04, AMENDING SECTION 12.06 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW CONSTRUCTION EQUIPMENT STORAGE YARDS BY SPECIAL USE PERMIT IN A "C-3" ZONING DISTRICT. Vice Mayor Clark declared the public hearing closed and reconvened the Regular Session of the Town Council at 6:53 P.M. Councilwoman Wiggishoff MOVED to adopt Ordinance 95-04 subject to changing Section 12.06 C-2 to read: "A solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be required". Councilman O'Brien SECONDED the motion which CARRIED unanimously. Mayor Cutillo resumed the chair after the vote. AGENDA ITEM 13 - CONSIDERATION OF RESOLUTION 1995-04, ORDERING AND DECLARING FORMATION OF EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT AND DECLARING AN EMERGENCY. Attorney Farrell stated that the emergency clause was included with the adoption of this resolution to enable boundary notification of this district to state and county agencies. Councilman Hudson suggested that the wording be changed in Paragraph 9 to eliminate the reference to a Town charter in the emergency clause. He also asked why 'ex officio' was included in Section 5, Page 7. Mike Cafiso, who drafted this resolution, stated that "ex officio' meant that the Council would be sitting on this board as members of the governing board of the Community Facilities District, not members of the Council. Councilman Hudson MOVED to approve Resolution 1995-04 with the clarification as presented. Mayor Cutillo SECONDED the motion. Noir Minutes of the Regular & Executive Session of the Town Council 02/16/95 Page 3 of 5 Vice Mayor Clark stated his concern about past and future problems with the establishment of facilities districts in Fountain Hills. He thought it might be determined as setting a precedent for future developers and that it was a devisive measure to form such a district. He was also concerned about notification procedures so that property owners in this development would be aware that they were subject to higher taxes because of the CFI). Mayor Cutillo stated that this particular project would be a direct benefit to the community and that no precedent was being set. He further stated that if any developers came to the Council in the future requesting a CFI), they should be prepared to offer incentives that would directly benefit the contnunity.. Councilman Lawrence agreed in part with Vice Mayor Clark's concerns although he stated his vote would be the first only time he:weld vote voted in the affirmative concerning a CFD and this was due to the illiatife previous comtttt:tertt the Council had made to tilts c,FD back in.1990 of the project. The motion CARRIED with a 6-1 vote, Vice Mayor Clark voted nay. 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.) No one came forward. AGENDA ITEM 15 - PURSUANT TO A.R.S. 38-431.03.A.7. AND 38-431.03.A.1, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSIONS OR CONSULTATIONS 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 DISCUSS THE EMPLOYMENT AND ASSIGNMENT OF LAW ENFORCEMENT DUTIES OF THE OFFICE OF THE TOWN MARSHAL AND THE COUNTY SHERIFF, RESPECTIVELY. Councilman Wiggishoff MOVED to go into Executive Session. Mayor Cutillo SECONDED the motion which CARRIED unanimously. The Executive Session began at 7:14 P.M. AGENDA ITEM 16 - RETURN TO REGULAR SESSION. The Council returned to Regular Session at 9:15 P.M. AGENDA ITEM 17 - ADJOURNMENT. Councilman O'Brien MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. The meeting adjourned at 9:15 P.M. Minutes of the Regular & Executive Session of the Town Council 02/16/95 Lof Page 4 of 5 L TOWN OF FOUNTAIN HILLS By: i! '-- Jo . Cutillo, Mayor 7G ATTEST: l_,1 Cassie B. Hansen, Town Clerk BY: , Linda �_,,L i(Z PREPARED B z". ) ' .-7_,(,,y,- ,..,----J t D. Lemm n, 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 16th day of February, 1995. I further certify that the meeting was duly called and that a quorum was present. Now DATED this 2nd day of March, 1995. (1.1(114.t:iL 4 _.,._44_4.,_> Cassie B. Hansen, Town Clerk Minutes of the Regular & Executive Session of the Town Council 02/16/95 illkw Page 5 of 5