Loading...
HomeMy WebLinkAbout1996.0307.TCRM.Minutes Meeting of 1996-3-07 Regular Session TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 7, 1996 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 P.M.,Thursday, March 7, 1996, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building B,Fountain Hills,Arizona. ROLL CALL-Following the pledge to the flag and the invocation by Fr. Thomas O'Dea of the Church of the Ascension Roman Catholic Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Don Lawrence, Frank Clark, 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 Planner Jeff Valder. Councilman Lawrence requested Agenda Item#9 be removed from the Consent Agenda for separate discussion. Mayor Cutillo read the remainder of the Consent Agenda which consisted of the following agenda items: AGENDA ITEM#2- CONSIDERATION OF APPROVING THE MEETING MINUTES OF FEBRUARY 15, 1996. AGENDA ITEM#3- CONSIDERATION OF RESOLUTION 1996-13,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE EAST PROPERTY LINE OF LOT 5, BLOCK 4,PLAT 206(16530 E.LOST ARROW),AS RECORDED IN BOOK 147 OF MAPS, PAGE 2,RECORDS OF MARICOPA COUNTY.ARIZONA. AGENDA ITEM#4- CONSIDERATION OF RESOLUTION 1996-14,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST THE TOWN HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY EASEMENT ALONG THE NORTHERLY PROPERTY LINE OF LOT 51,BLOCK 1,PLAT 506B (15034 E. GOLDEN EAGLE BLVD.),AS RECORDED IN BOOK 159 OF MAPS,PAGE 3,RECORDS OF MARICOPA COUNTY,ARIZONA. AGENDA ITEM#5- CONSIDERATION OF APPROVING AN AMENDMENT TO THE JANUARY 29, 1993 AGREEMENT WITH MCO PROPERTIES FOR PARTICIPATION IN THE CONSTRUCTION OF OFF-SITE IMPROVEMENTS FOR SAGUARO BLVD. AGENDA ITEM#6- CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY MR.STEVEN COMMO FOR THE FOUNTAIN BOWL,LOCATED AT 16737 EAST PARKVIEW AVENUE. THE APPLICATION IS A REQUEST TO TRANSFER THE �r EXISTING CLASS 6(BAR LICENSE) FROM THE PREVIOUS LICENSEE OF RECORD, Page 1 of 6 CRAIG BORN,TO MR. COMMO. AGENDA ITEM#7 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY MR.STEPHEN CHILDS FOR THE MIRAGE GRILL,LOCATED AT 14815 NORTH FOUNTAIN HILLS BOULEVARD. THE APPLICATION IS A REQUEST FOR A NEW CLASS 12(RESTAURANT) LIQUOR LICENSE FOR THE NEW OWNER OF THE ESTABLISHMENT. AGENDA ITEM#8- CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY MR.JAMES BEAULIEU FOR THE ROADRUNNER DEPOT,TO BE LOCATED AT 17125 EAST SHEA BOULEVARD. THE APPLICATION IS A REQUEST FOR A NEW CLASS 10(BEER AND WINE STORE)LIQUOR LICENSE FOR A YET-TO-BE BUILT CONVENIENCE STORE WHICH WILL BE LOCATED EAST OF THE NEW COMFORT INN MOTEL. AGENDA ITEM#10- CONSIDERATION OF A PROPOSED PLAN OF DEVELOPMENT FOR THE KENISTON PROJECT BUILDING II PROPOSED FOR LOT 67,PLAT 414,LOCATED NORTH OF LASER LANE AND WEST OF TECHNOLOGY DRIVE,ZONED IND-2 P.D., I.U.P.D. AGENDA ITEM#11 - CONSIDERATION OF A FINAL PLAT FOR A PROPOSED 0.23 ACRE, TWO UNIT CONDOMINIUM PROJECT KNOWN AS PACIFIC SOUTHWEST CONDOMINIUMS UNIT I,LOCATED NORTH OF ASHBROOK DRIVE ON THE WEST SIDE OF KENDALL DRIVE, CASE#S96-007. AGENDA ITEM#12- CONSIDERATION OF A FINAL PLAT FOR A PROPOSED 0.23 ACRE, TWO UNIT CONDOMINIUM PROJECT KNOWN AS PACIFIC SOUTHWEST No) CONDOMINIUMS UNIT II,LOCATED NORTH OF ASHBROOK DRIVE ON THE WEST SIDE OF CAMEO DRIVE, CASE#S96-008. AGENDA ITEM#13 - CONSIDERATION OF REVISION TO THE SUNRIDGE CANYON TRAILS PLAN. AGENDA ITEM#14- CONSIDERATION OF RESOLUTION 1996-12,DECLARING A SIX MONTH MORATORIUM ON NEW SALES TAX REIMBURSEMENTS AND PARTICIPATING IN A VALLEYWIDE EFFORT TO DEVELOP A PERMANENT AGREEMENT. Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Vice Mayor Tibbetts SECONDED the motion. A roll call vote was taken with the following results: Councilman Lawrence Aye Councilwoman Wiggishoff Aye Councilman Hudson Aye Councilman Clark Aye Vice Mayor Tibbetts Aye Councilman O'Brien Aye Mayor Cutillo Aye The motion CARRIED unanimously. J Page 2 of 6 f AGENDA ITEM#9- CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE FOUNTAIN HILLS ARTS COUNCIL FOR THE FIRST ANNUAL ARTS DAY TO BE HELD SATURDAY,MARCH 16, 1996 FROM 8:00 A.M.TO 4:00 P.M.ON THE AVENUE OF THE FOUNTAINS AND ADJACENT MEDIAN BETWEEN LA MONTANA AND VERDE RIVER DRIVE. THE EVENT WOULD REQUIRE STREET CLOSURE OF THE AFOREMENTIONED LOCATION. Councilman Lawrence explained he requested this agenda item be removed from the Consent Agenda because he wanted to assure the special provisions in Marshal Gendler's staff report would be incorporated as stipulations to the special event request. He then MOVED to approve the special event request from the Fountain Hills Arts Council including Marshal Gendler's special provisions. Councilman Hudson SECONDED the motion which CARRIED unanimously. AGENDA ITEM#15-PUBLIC HEARING ON ORDINANCE 96-05,AN AMENDMENT TO CHAPTER 3,ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF, SECTION 3.01 "ESTABLISHMENT OF ZONING DISTRICTS",OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z96-03. Mayor Cutillo recessed the Regular Session of the Town Council and declared the public hearing open at 6:35 p.m. No one came forward to speak for or against Ordinance 96-05. Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council at 6:36 p.m. AGENDA ITEM#16- CONSIDERATION OF ORDINANCE 96-05,AMENDING CHAPTER 3, ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF,SECTION 3.01 "ESTABLISHMENT OF ZONING DISTRICTS",OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z96-03. Planner Jeff Valder stated Ordinance 96-05 would incorporate the newly-approved "M" zones into the list of eligible zoning districts. Councilman Hudson MOVED to approve Ordinance 96-05 as presented. Councilman Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM#17 -PUBLIC HEARING ON ORDINANCE 96-06,AN AMENDMENT TO CHAPTER 5, GENERAL PROVISIONS,SECTION 5.11(C)(4) "LIMITATIONS ON CUT AND FILL",OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z96-01. Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 6:38 p.m. No one came forward to speak for or against Ordinance 96-06. Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council at 6:38 p.m. AGENDA ITEM#18- CONSIDERATION OF ORDINANCE 96-06,AN AMENDMENT TO CHAPTER 5,GENERAL PROVISIONS,SECTION 5.11(C)(4) "LIMITATIONS ON CUT AND Page 3 of 6 FILL",OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CASE NUMBER Z96-01. Mr. Valder stated when a subdivision was created, the General Provisions allowed a ten foot cut and fill allowance. He further stated that as lots were developed, an additional ten feet of fill could be allowed resulting in a possible total of twenty feet of fill. He said Ordinance 96-06 would clarify the language to permit only a ten foot total cut and fill allowance without an additional waiver. Mary Pilarinos asked for clarification and Mr. Valder explained that a maximum of ten feet would now be allowed without a Council-approved waiver.. Councilwoman Wiggishoff MOVED to approve Ordinance 96-06 as presented. Vice Mayor Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM#19 - CONSIDERATION OF ORDINANCE 96-07,AMENDING CHAPTER 15 OF THE FOUNTAIN HILLS TOWN CODE, COMMONLY KNOWN AS THE FOUNTAIN HILLS SUBDIVISION REGULATIONS TO AMEND SECTION 3.09 (B)(4) "LIMITATIONS ON CUT AND FILL". Councilman Hudson MOVED to approve Ordinance 96-07 as presented. Councilman Clark SECONDED the motion which CARRIED unanimously. AGENDA ITEM#20- 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 to speak. AGENDA ITEM#21 -PURSUANT TO A.R.S.38-431.03.A.7.AND 38-431.03.A.4,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 NEGOTIATIONS FOR THE PURCHASE OR LEASE OF REAL PROPERTY; AND FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION. Councilman Hudson MOVED to go into Executive Session. Vice Mayor Tibbetts SECONDED the motion which CARRIED unanimously. Mayor Cutillo recessed the Regular Session of the Town Council at 6:43 p.m. AGENDA ITEM#22-RETURN TO REGULAR SESSION. Page 4 of 6 fi Mayor Cutillo reconvened the Regular Session of the Town Council at 9:07 p.m. AGENDA ITEM#23- CONSIDERATION OF DIRECTING STAFF TO PREPARE DRAFTS OF A TEXT AMENDMENT TO THE TOWN ZONING CODE CREATING A NEW DOWNTOWN DISTRICT OR OVERLAY DISTRICT COMBINING COMMERCIAL AND RESIDENTIAL USES; DIRECTING STAFF TO NEGOTIATE AND PRESENT A FINAL DRAFT OF A DEVELOPMENT AGREEMENT BETWEEN MCO PROPERTIES AND THE TOWN REGARDING PERMITTED USES WITHIN THE DOWNTOWN AREA; DIRECTING STAFF TO RETAIN THE SERVICES OF AN APPRAISER TO DETERMINE THE VALUE OF PARCELS OF LAND TO BE EXCHANGED BETWEEN THE TOWN AND MCO IN ACCORDANCE TO A.R.S. § 9-407; AUTHORIZING THE TOWN MANAGER TO RETAIN A CONSULTANT TO EVALUATE THE WATER AND EFFLUENT ISSUES CONNECTED WITH THE ASSUMPTION OF OWNERSHIP AND OPERATION OF THE FOUNTAIN AND FOUNTAIN PARK; AUTHORIZING AND DIRECTING STAFF TO NEGOTIATE AND PREPARE FOR APPROVAL FINAL DOCUMENTS TRANSFERRING OWNERSHIP OF THE FOUNTAIN AND FOUNTAIN PARK AS WELL AS SPECIFIED AREAS OF THE MCDOWELL MOUNTAINS FOR POSSIBLE ACCEPTANCE BY THE TOWN; AND,AUTHORIZING AND DIRECTING STAFF TO ACQUIRE ALL NECESSARY SURVEYS AND PRELIMINARY TITLE REPORTS AS WELL AS ENVIRONMENTAL STUDIES PRIOR TO ANY FINAL ACTION ON THE EXCHANGE OF REAL PROPERTY OR ACCEPTANCE OF ANY DEEDS TO REAL PROPERTY. Mayor Cutillo MOVED to direct staff to continue negotiations and to present a progress report at the next Council meeting,March 21 st. Councilwoman Wiggishoff SECONDED the motion which CARRIED with a 6-1 vote. Councilman Hudson cast the nay vote. AGENDA ITEM#24-ADJOURNMENT. Councilman Lawrence MOVED to adjourn the meeting. Vice Mayor Tibbetts SECONDED the motion which CARRIED unanimously. The meeting adjourned at 9:10 p.m. TOWN OF FOUNTAIN HILLS By: John M. Cutillo,Mayor ATTEST: Cassie B. Hansen,Town Clerk Page 5 of 6 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 7th day of March, 1996. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st day of March, 1996. Cassie B. Hansen,Town Clerk J Page 6 of 6