The URL can be used to link to this page

Home My WebLink About1995.0921.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL L SEPTEMBER 21, 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, September 21, 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 Frank Clark, and Councilmembers Don Lawrence,Peg Tibbetts,Wally Hudson,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 Jeppson and Town Engineer Randy Harrel. Mayor Cutillo read the Consent Agenda which included the following items: AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF SEPTEMBER 7, 1995. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL FOUNTAIN HILLS FESTIVAL OF THE ARTS TO BE HELD ON FRIDAY, NOVEMBER 10TH, SATURDAY, NOVEMBER 11TH AND SUNDAY, NOVEMBER 12TH FROM 10:00 A.M.TO 5:00 P.M. AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL THANKSGIVING DAY PARADE TO BE HELD ON THURSDAY, NOVEMBER 23, 1995 FROM 7:00 A.M. TO 11:00 A.M. AGENDA ITEM#5-CONSIDERATION OF THE FINAL PLAT FOR LOT 4,BLOCK 7,FINAL PLAT 111 FOR ASHBROOK CONDOMINIUMS I LOCATED AT 16547 N. ASHBROOK DRIVE: CASE#S95-081 AGENDA ITEM#6-CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY TERRY SOURIS FOR THE STARLIGHTERS ANNUAL FLEA MARKET TO BE HELD ON SATURDAY, SEPTEMBER 30, 1995 FROM 8:00 A.M. TO APPROXIMATELY 3:00 P.M. ALTHOUGH NO STREET CLOSURES ARE REQUIRED, NO PARKING SIGNS WILL BE POSTED ON THE NORTH SIDE OF PALISADES BOULEVARD DIRECTLY ACROSS FROM THE EVENT LOCATION. Councilman 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 Mayor Cutillo Aye Vice Mayor Clark Aye Councilwoman Wiggishoff Aye Councilman O'Brien Aye Councilman Hudson Aye The motion CARRIED unanimously. Minutes of the Regular Session of the Town Council 09/21/95 Page 1 of 5 AGENDA ITEM#7 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Judge Shoob referred to his monthly report and an accounting of receivables which were included in the Council packet. Current outstanding,unpaid fines amounted to a figure of$204,535 which included approximately$82,000 of surcharges payable to the State of Arizona. Judge Shoob stated the overall collection rate was 83.5% which he determined was very satisfactory. He further stated the collection/warrant officer had significantly reduced the amount of outstanding warrants for the current year. AGENDA ITEM#8 - CONSIDERATION OF THE APPOINTMENT OF TWO CITIZENS TO FILL THE UNEXPIRED TERMS OF PLANNING AND ZONING COMMISSIONERS KAREN MYERS AND NELSON VAN SANT,TERMS EXPIRING SEPTEMBER 30,1996;AND APPOINTMENT OF THREE CITIZENS TO TWO-YEAR TERMS AS MEMBERS OF THE PLANNING&ZONING COMMISSION,TERMS EXPIRING SEPTEMBER 30, 1997. Mayor Cutillo MOVED to appoint Leesa Fraverd and Christopher Plumb to fill the unexpired terms of the two resigned Commissioners, terms expiring September 30, 1996 and to appoint Bruce Hansen, Richard Jellies and Sharon Hutcheson for two-year terms expiring September 30, 1997. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 1995-58 TO ACQUIRE REAL PROPERTY AND BUILDINGS FOR A NEW CORPORATE YARD. Town Attorney Farrell addressed the Council regarding the acquisition of Lots 5 &6 of Block 1,Plat 302-A for a new corporate yard. He reported the property had been listed at approximately $163,000 and was negotiated to a price of$155,000. He stated a Phase 1 environmental report had been requested and that closing costs would be split evenly between MCO (the seller) and the Town (the buyer). Councilman Hudson asked if the appraisal of this property was compared to values of other adjacent parcels. Mr. Farrell stated the appraisal had resulted in market values slightly below the per square foot average of other properties in that area. Councilman Hudson MOVED to approve Resolution 1995-58 as presented. Vice Mayor Clark SECONDED the motion which CARRIED unanimously. Councilman O'Brien suggested discussion be held on Agenda Item#11 prior to discussion on Agenda Item #10. AGENDA ITEM#11 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO AMEND CHAPTER 1, INTRODUCTION SECTION 1.12 DEFINITIONS,AND CHAPTER 6,SIGN REGULATIONS,TO CREATE THE DEFINITIONS OF TEMPORARY AND PERMANENT OFF-PREMISE SIGNS AND TO CREATE REGULATIONS PERMITTING PERMANENT OFF-PREMISE SIGNS. Attorney Farrell reviewed the suggestions presented in the staff report for guidelines and regulations of temporary and permanent off-premise directional signs. These suggestions included location, size and material of signs in public right-of-ways and designated the Town as owner of these signs. Also included were stipulations regarding content control,policies concerning time limitations, sign construction expenses and waiting list procedures. He suggested service club sign logos be posted only at specified entry points of the Town. Minutes of the Regular Session of the Town Council 09/21/95 Page 2 of 5 Mayor Cutillo MOVED to instruct the Town Attorney to prepare an ordinance regarding temporary and permanent off-premise directional signs as part of Section 16-2 in the Town Code under Streets and Encroachments. Councilman Hudson SECONDED the motion. Mary Pilarinos asked if signs would be illuminated and if designation of scenic roads such as Saguaro Boulevard could be included with a special sign. Mayor Cutillo said scenic road designations could be a possibility. Town Attorney Farrell stated indirect lighting at the base of the off-premise signs would be allowed as well as reflective sign lettering. The motion CARRIED unanimously. AGENDA ITEM#10-CONSIDERATION OF THE SUNRIDGE CANYON COMPREHENSIVE SIGN PLAN. CONTINUED FROM THE AUGUST 3 AND 17, 1995 MEETINGS. CASE NUMBER SU95-06. Community Development Director Gary Jeppson recommended the Council rescind Stipulation #4 and #5 in the Sunridge Canyon Comprehensive Sign plan which had been previously granted and to deny Stipulation#7 regarding off-premise signs outside of the Sunridge Canyon development. Councilman Lawrence MOVED to approve Case Number SU95-06 with staff recommendations #1 and #2. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM#12-PUBLIC HEARING ON A PROPOSED ORDINANCE 95-42,AMENDING CHAPTER 5 GENERAL PROVISIONS, SECTION 5.09 WALLS AND FENCES. THIS PROPOSED ORDINANCE Naar WILL CLARIFY THE MAXIMUM FENCE HEIGHT ALONG A PRIVATE STREET OR ALLEY. Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 7:16 P.M. Mr.Jeppson addressed the Council regarding the developers'questions as to height restrictions of fences along alleys. He said the current ordinance did not adequately provide restrictions for private streets,alleys or hedges serving as property boundaries. Jim Jenkins,MCO Properties,referred to discussions during the Planning&Zoning Commission hearing regarding separate setbacks for walls along alleyways compared to street right-of-ways. Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council meeting at 7:25 P.M. AGENDA ITEM#13 - CONSIDERATION OF ORDINANCE 95-42,AMENDING CHAPTER 5 GENERAL PROVISIONS, SECTION 5.09 WALLS AND FENCES. Councilman Hudson asked Mr. Jeppson whether he was agreeable to the ordinance as written. Mr. Jeppson stated he believed provisions could be made for alleys that provided no vehicular access to include the alley line as a boundary for fences which could permit full utilization of a rear yard. Councilman Hudson MOVED to refer Ordinance 95-42 back to staff for further study and re-submittal. Councilman Lawrence SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 09/21/95 Page 3 of 5 coo AGENDA ITEM#14 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT TO THE FOUNTAIN HILLS GENERAL PLAN TO CONSIDER WHETHER LOTS 1, 11, 12, BLOCK 3, PLAT 102, LOCATED ON THE NORTHWESTERN CORNER OF LA MONTANA DRIVE AND PALISADES BOULEVARD SHOULD BE DESIGNATED AS "OFFICE" RATHER THAN "MULTI- FAMILY/MEDIUM". Councilman O'Brien claimed a conflict of interest because Mayor Clinic was his employer and abstained from discussion and voting. Mr. Jeppson stated the Mayo Clinic requested the amendment to the General Plan so they could proceed with the appropriate zoning to allow for a proposed office/clinic building. He said other sites with commercial zoning had been considered but were not suitable to the Mayo Clinic. Mayor Cutillo said he was concerned about changing the zoning from residential to commercial because it had been the practice of the Council to lessen rather than to increase the excessive number of commercially-zoned properties. Vice Mayor Clark agreed and approved of Mayo Clinic's plans to relocate their offices but preferred they proceed in an existing commercially-zoned location. Councilwoman Tibbetts pointed out that Plat 208 had been zoned for commercial use and after the downtown area was developed, property might be left over and used for residential purposes. Councilwoman Wiggishoff indicated her approval of the location for a clinic within walking distance to a residential neighborhood. Councilman Lawrence stated economic concerns prompted his approval for the location of the clinic and that he supported an amendment to the General Plan to allow the Mayo Clinic to proceed. Councilwoman Wiggishoff MOVED to approve an initiation of an amendment to the General Plan to provide for a change of zoning for Lots 1, 11 and 12, Block 3, Plat 102 to be designated as "Office" rather than "Multi- Family/Medium". Councilman Lawrence SECONDED the motion. Mr. Jeppson stated, if approved, this would permit the commencement for an amendment to the General Plan and that approval would again be requested. Mr. Dana Saar,a member of the P&Z Commission, stated he had objected to the proposal because it was based on a monetary decision which could result in a savings of$3500 to the Mayo Clinic because they would not have to petition for an amendment and might set a precedent for future proposals. Bob Thomas, Chairman of the P&Z Commission, said he also voted against the proposal because rezoning had already been approved for a former location not presently being considered by Mayo Clinic and that rezoning efforts had been costly to the Town. Bruce Hansen,a member of the P&Z Commission,stated that fiscal matters were minute compared to the economic considerations of a Mayo Clinic office in Fountain Hills. Councilman Lawrence stated that monies were provided in the budget for economic development to encourage commercial enterprises to locate in Fountain Hills. He said he thought the community would approve the Town's funds being spent to encourage the relocation efforts of Mayo Clinic. A vote was taken resulting in a 3-3 tie. The motion FAILED. Councilman Lawrence and Councilwomen Tibbetts and Wiggishoff voted aye. Mayor Cutillo, Vice Mayor Clark and Councilman Hudson cast the nay votes. Councilman O'Brien abstained from voting. AGENDA ITEM#15- 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 from the public. Minutes of the Regular Session of the Town Council 09/21/95 Page 4 of 5 AGENDA ITEM#16 - ADJOURNMENT. Councilman Hudson MOVED to adjourn the meeting. Councilman Lawrence SECONDED the motion which CARRIED unanimously. The meeting adjourned at 7:48 P.M. TOWN OF FOUNTAIN HILLS 411 By: iir M. Cutillo, Mayor ATTEST: 1C.QC 24.. yJ ) L4t4 ) Cassie B. Hansen, Town Clerk PREPARED BY: ,(_1 4.9.Ye.....en...-2--„2...--) Linda D. Lemm n, Administrative Assistant CERTIFICATION cw 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 21st day of September, 1995. I further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of October, 1995. 62444:<_, qj /4/(1.444. Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 09/21/95 Page 5 of 5