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HomeMy WebLinkAbout1990.0524.TCWSM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 24, 1990 A special session of the Fountain Hills Town Council, open to the public, was convened and called to order by Mayor John Cutillo at approsimatell t)::.31 p.m., Thursday, May 2-�, 1990 in the Fountain Hills School Administration Building located at 14605 N. Del Cambre Ave., Fountain Hills, Arizona. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo and Councilmembers Marti Lemieut, Ch..rliEl Fos, Bill O'Brien, Joe Bill and Peg Tibbetts. Vice Mayor Mike Minarsich came in shortly thereafter. Also present were Town Attorney Bill Farrell, Interim Town Yanager Mike McNulty and Town Clerk Cassie Hansen. AGENDA ITEM #2 — ACCEPTANCE OF THE MAY 17, .1990 MINUTES Councilman O'Brien made a MOTION that the minutes be accepted, SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #3 — ADOPTING RESOLUTION_ 1990-14�_CANVASSING THE VOTE _OFTHE MAY 15, 1990 GENERAL ELECTION After announcing that Mike Minarsich and Wally Hudson had been elected to the council in that election, Mayer Cutillo made a MOTION to accept the resolution as stated. SECONDED by Councilman Fos and CARRIED unanimously. AGENDA ITEM #4 — EXPENDING COOPERATIVE FUNDS FOR A COMMUNITY 4TH OF JULY_ CELEBRATION Terry- Saverson, Executive Director of the Chamber. of Commerce, asked if the town would be interested in participating with the Chamber and MCO to do a 4th of July fireworks display on a local level. She said the plans would include a community picnic and if the the three entities mentioned split the cost 3 wars, each would contribute $5,000. She said there would be no other participation necessary from the town. The money would supply a 20 minute fireworks display. The event will only be promoted locally and include hotdogs. hamburgers, a watermelon eating contest, sack races, etc. The additional need for law enforcement will come out of the $15.000. Councilman Foy: made a MOTION that the town go in equal shares with MCO and the Chamber of Commerce on a 4th of July celebration for the Town of Fountain Hills in the amount. of $5,000. SECONDED by Vice Mayor Minarsich and CARRIED b.5- a majority of. ? coce_,. 1'+.°o nab- votes were cast by Councilrnembers Lemieux and O'Brien. AGENDA ITEM #5 — PUBLIC HEARING ON THE ZONING CODE Mayor Cutillo requested that Mr. Farrell and Mr. McNulty say a few words before opening the hearing up to the public. TMr. McNulty explained what the process at hand was and what the town was about to do. He explained that zoning was a designation placed upon property- that gives it certain rights and abilities to do things with buildings, etc. He said that up until now it has been handled by Minutes of the Town Council 5/24/90 Page 1 of 9 the county, changes being done by the Board of Supervisors. After July lst t* will be done by the local Planning and Zoning Commission and the Town Council. He said the adoption of the Zoning Ordinance will do no more than make the cou:ir� existing zones the some as the zones that. the Town of Fountain Hills :;ill have on the property with no changes whatsoever. He further said the town cannot make any changes until after July 15t. Mr. Farrell explained what happens during the transition from count- government to town government. He said the statutes stag that the county will continue to provide all services formerly provided during the first fiscal year that a newly incorporated town is in existence. Ha stated that since Fountain Hills incorporated in late December of '89, the town only had 6 months to get in place a number of ordinances and laws in order to insure the citizens that on Jule 1st, there would be some .law in effect. He explained the process that was used: taking the existing county ordinance, substituting the words Maricopa County with the words Fountain Hills, and Board of Supervisors with the words Town Council. Then taking and publishing a map provided by Yar.icopa County with the assurances that is was an accurate and up to date reflection of the zoning parcels of property located within the corporate limits of the town. He said the ordinance that the council was being asked to adopt would set up a mechanism sc that, if in the future, anyone wishes to change the zoning of their property, there would be a procedure to follow. When someone wants to change the zoning of their property, they pay a fee to the town hall, a posting will be made on the property with a sign large enough to read from the road and written notice will be sent to those property owners within a certain distance of the property. A public hearing will be held at which time the person who seeks to change the zoning of their property will come before, first, the Planning and Zoning Commission and then ultimately before the Town Council. Then, with the adoption of an ordinance, zoning will be changed from one classification to another and the official map will be modified to reflect, that change. He said that from past experience, he is sure that the ordinance being adopted tonight Svill change significantly In the next-'eve.ral ye"Irs 1s the. council and community become more familiar with the process and ordinance as it now stands. He said the text will be able to he changed to meet the needs and solve the problems in the community. He said the purpose of the hearing tonight is for the council to hear the public's comments and that he and Mr. YcNulty would greatly appreciate any comments the citizens have as to the text itself because there will be no ordinance until 30 days after the ordinance is passed. If there are certain pieces of property that residents are concerned about, there is nothing that can be done to change any zoning on any existing parcels until the ordinance and map are adopted. The public_ hearing ensued, stnrtin with dike Curly, a .land use attorney representing residents on E1 Lago. He said that there was a mistake on the zoning map being used because it did not include the overlay zoning on the count; map. He said without the county master plan overlay- district, one of the sets of regulations currently governing this parcel of land would no longer be in effect. He said the master plan called "rot• the site to be designated as a park or a school site, dictating that the owner, in this case the school district, would have to go to the county and seek to amend the master plan so that the area ,ould be developed as something other than a park or a school site. He said the problem with the map being used by the town is that it does not include the extra layer of regulation, saying that the area could be used for any use included in Minutes of the Town Council 5/24/90 Page 2 of 9 an R10 zoning. He said the people ii:inc in this area warit to assur= that area is not developed as an R10, that there be no chringes in the current count map. Mr. Farrell said the possibility cf this happenin- before July 1st is r� remote and that it: would be better to rezone that property- under the town s ordinance once it is adopted and modified so that they could develop either an open space or a park or a public ent.lt.Y designation, setting down rises :Ind parameters. He further said that the council and planning and zoning commi Ssion also have the initiative to change the zoning on any- property- .ems Neil Is citizens. He said overlay zoning or protective zonin.; is one of the things ti"e council will be able to amend the code to include. He further said thati with neighborhood opposition there is a provision that if 20 or more of the homeowners protest a change in zoning, a 6/7 majority vote of the council is required. Mr. Curly said he didn't see an_ythirg wrong with adding another zoning category to give the residents some peace of mind. Mr. Farrell said this created a substantial problem because zoning ordinance�� cannot be adopted witl: an emergency clause so they're under severe time contr<`tints. If they were going to substantially affect the nature cf the use of a piece of property, thev would have to readvertise a public hearing, rewrite that section of the code, wait an additional 30 days and then adopt the code. He said it is far better to adopt the code and then amend it quickly. He said it's important to get the tool in hand so the council can respond to needs. Councilman O'Brien asked why the council couldn't adopt the master plan overlay. Mr. McNulti-explained that the master plan overlay had nothing to do with zoning. He said the master plan could be adopted on an interim basis. Mr. Farrell said there seamed to be some confusion between master plan and general plan. He said that some point in the future the toiN-n will entertain the general plan, the end product of which is a text and a colored map indicating the communities desire for future land use. An overlav zone is a specific application made by an owner for a designation over a specific .area. It is conditional zoning. Mayor Cutillo said to allay the fears of the entire community, the council needed to .adopt the zoning codes now so there would be zoning in place on July 1st. Mr. Curly said if they- could get on the first agenda -ifter July 1st to get the additional zoning category park/school to be considered and adopted b�- the council and 1--laced on the property, he and the residents would be satisfied. The ^savor said he felt that was a fair request. Fred Szlinka expressed his fears of what they feel could happen in their area and asked for a-ommi_rttrlent. The Mayor said he would guarantee that he would do everything in his po!.-er to get this on the first agenda after July 1st. ^Nr. Farrell said the county would turn down any developer application at this point since we're. down. to 30 days until the town takes over. He also said there is ail bands of i_n jur:ctive relief avni1.3bie to tht, homeowners to prohibit a developer from goin,,for•w.ard until the proper body could Pxercise jurisdiction. He said the council c.cn't make any bindi:i promi:,es until there is an ordinance giving them that power. Councilman O'Brien said there was nothing to prevent the council frc)r! „oin„ .gin 1—001,11 t.Mill that they jr,, going to put this issue on the agenda at the first meeting in July. Mayor Cutillo and Vice Mavor LYinarsich both supported this. The council heard from additional citizens in the El Lago area about protecting the arroyos and their fears that cluster housing would go in, ruining the area and views. Jean Miller asked what the council's plan was for a planning and zoning commission. Mayor Cutillo explained that the council was the commission at this time but after Julv 1st Minutes of the Town Council 5/24/90 Page 3 of 9 they- would be selecting a commission consisting of citizens anJ he urrej .a:'yan%- intereste_d in being considered for a to, lion ON the comffjisSion to send a 1 "t !or - of interest and qualification to town hall . 'ddi tional citizens etpressod rh, ; r disdain over a C2 zone near Verbena and Palisades. .ice Yayor again raiinr•:atA the time line involved and that nothinc being adopteJ tonight was set in stone-. Vince Oster said if the school sold the property near E1 Lago. the Kaye r could do anything he wanted with the property- if nNitionai designations were not added to the map and questioned why a few words couldn't be ;.added and c:han ad :.as long - as they had made name changes already. Mr. Farrell explained that it re Pssar-'- to follow the steps outlined by statute to change any designations of zoning And any changes made otherwise can be challenged in court. He said the Lo [a mast adhere to due process. Phil Jones who lives on Cavern said the council w:a adopting only half the code and the length of time it will take to adopt a master plan, giving the residents the protection they want, worries him. Yr. Farrell explained that the council was not adopting only half the code. - hp said that what doesn't come with the code are the individual decisions that had Wen made over the years by the Maricopa County Planning.; and Zoning Commission and the Board of Supervisors. He saki that variances obtained by individuals are not included in the, code and that you adopt a code but not the cases that go with it because they ec-olve. The master plan was a specific legislative act that was an overlay zone which can be reacted to after the code is adopted. Mr. Farr-I1 also noted that the zoning; ordinance is only one of four or five series of ordinances and codes that affect building and is only part of the process that needs to be addressed. Following further confusion over the master plan and general plan. Mr. Farrell explained that a master plan is a specific plan by the owner of real property for a large parcel within the community. The law requires a community to have a general plan and this plan it not mandated tc be in place prior to the zoning ordinance so the town does not hAve to publish ,.and adopt: the county's existing general plan. The. Town of Fountain Hill's general plan will be home grown with citizen participation, i,vol-ed "lad prosented ") the planning :and zoning commission, then to the mayor and council for a vote. The maps. the colors and the uses will be entirely something that will gnnerate from public hearings and possibly the use of a professional planner. The general plan is general use where the master plan isspecific use or designation. Farb Evans asked that it be noted A the mAutps thno ,she had heard that MCO was going to use the whole, area .in t:ho amine c:.all,_d "The Boulders- for homesites. She said it is presently a rural 43 and she hopes that the council makes it a rural 190 so that it would never be developed_ remain .a natural, rugged island and be considered a natural wild life habitat refuge. Following mare comments from the public reiterating similar concerns. Vice r•" cr Minarsich pointed out that the master development plan hys been in place for some time and in the last few years has gone from a den5i ty of 75,000 poppy a r ion :at: hui ldout to .:a density of 40,000 at, buildout. Councilwoman Tibbetts r...a•--_:.' that she feels the council is very sympathetic to the people who ::arF concerned about our natural beautiful areas in Fountain Hills and that it was one of the mo for issues that came out of the 1990 Town Hall. She said many of them would work in whatever mays were legally possible to insure that these ar•e:as that make Fountain Hills the beautiful spot it is, are kept that way. Following a question by Councilman O'Brien on article 26.2 in the code, Mr. Farrell reiterated the process that was used in writing up the code and said that there moor be things in the code that Minutes of the Town Council. 5/24/90 Page 4 of 9 don't part Icularly apply to Forintal. n H.-'Lis .1nu that: the council m.=j,, c�.,Ant m; to delete shortly after tht fir;t of July'. `;tan hest sal•l that mangy err >_ h:id already- been dedicated to remain arrol-cs foreleg and residents should fin- ou_ if arroyos by their- property :ire dedicated i_Tl su;-h a The public hearing closed at approximately- 7:40 p.m. AGENDA ITEM MI6 - ADOPTION OF ORDINANCI? 90-7 ADOPTING THE' PUBLIC RECORD AS THE ZONING ORDINANCE OF FOUNTAIN HILLS Councilwoman Tibbetts made a MOTION to adopt. ordinance 90-7. SECONDED L.� Councilman O'Brien and CARRIED unanimously. AGENDA ITEM _#7 - RECOMMENDATION TO _ COUNTY FOR SOLUTION TO TRAFFIC PROBLEM AT SAGUARO AND PALMER WAY :ounci.Iman Fos asked to table tho item since he "-as waiting for .additional information. Mayor Cutillo tabled the item. AGENDA ITEM #8 - ADOPTION OF RESOLUTION 1990-15 - ENDORSING THE ARIZONA 11PSITAGE Mayor Cutillo explained that the Heritage Fund petitionfnd the state to put 20 some million dollars into a parks and recreation fund from the lottery funds to be distributed amongst cities and tor:ns for p.=irks and rer. . IM ii or Cut i l i c? made a MOTION to adopt the resolution. SECONDED �1 'ic,l "at -or :inarsich Councilman Bill asked if this would take lottery funi ah r, from education and Yr. Mctiultr said the money would come out, or thy I.ur+J-. go121j into uhiL- eeIlcral fund. Following an endorsement fr)t❑ Counci li,•cmart Tibbetts the motion _CARRIED unartimou.sls-. AGENDA ITEM #9 - CLOSING TOWN HALL FOR MEMORIAL DAY The `�!avor explained that this was necessary bocause no legal holid:17s had been established for Torun Hall. Councilman Fo_c rtiade a MOTION L,, Tot.n l:all on Memorial Dad- with the employees receiving holiday pay. SECONDED_ by Councilwoman Tibbetts and CARRIED unanilrous17. AGENDA .ITEM #10 - AUTHORIZING BILLS TO BE PAID Mayor The Y �, S t 15 t ' i)t' r'.l1 d .N ! -., "> S2 c.'. 7'? . Vice -: or said the t.o.:a1 amount. c>r bl l. !"-inarsich made .a MOTION to p-,y the bill ; . SECOND_ED bt- Councilwoman Tibbetts. '1r. NeIN1'ulty announced that the r„Ir..... A _ _uune Jtid b . -Ii i- Lle_tred wi nh the bank and the total amount expended on �;ar rant_= 1, �; v6E . ,7 ._- any the total interest was $:'15)?.39, the total on that .accour;t: t:�in;; ' He reported that the HI_TF funds would be coming it-,Jun4 . The inoticn CARRIED unanimousli, . AGENDA ITEM #11 - CALL TO THE PUBLIC Peter Putterman asked about the cable status -ind the .sudden dismissal of the Cable subcoIlrmittee. :1,�avor Cutillo :;.11d thr, u1,c(jimmi'ttee frid not been dismissed, Minutes of the Town Council 5/24/90 Page 5 of 9 ju-t that their action had been suspende:l for the time being. 11r. V,-?SrE there were negotiations going on at: pre sprit {V.rth Dimension and the rc, 12e.'d that there Were not. Mavor Cutillo made note that Councilman Elect Frank Clark was in atter:danc: AGENDA ITEM 4f12 — ADJOURNMENT Councilman Foy: made a MOTION to adjourn. SECONDED bi Councilman Bill and CARRIED unanimous_15. At approximately 7:52 p.m. the council adjourned the special session to take a break before going into the work, study session. Minutes of the Town Council 5/24/90 Page 6 of 9 TOWN OF FOUNTAIN HILLS MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 24, 1990 The Town Council returned from a break at approximately- 8:05 p.m. to go into the workistudy session. AGENDA ITEM #2 — .STJBCOMMITFEE REPORTS CITIZEN PLANNING — PARKS AND RECREAT.1 Chair Mike Scharnow introduced some of the members of his subcommittee who were in attendance: Evelyn Breting, Bill Tibbetts, Mary Rairigh. He also introduced ^;ike Brady who is the executive director of the YMCA .in Scottsdale. Yr. Scharnow then summarized Sihat the comrriitteo has been doing tho last few weekN and huN the: h..lvo gone about structuring a plan for parks and rec in Fountain Hills, such as what programs to offer and how to implement them. He said he had obtained a reduction of user fees from the schools and that they could use the facilities at cost through the summer. He further stated that. it had become apparent that a staff person would be required to implement a parks and recreation depar~ment. Yr. Scharnor, supplied the council and public with a handout that summarized recreation points to remember, examples of proposed classes, activities arid mini — courses. YMCA programs, a job description and requirements of a recreation coordinator and a proposed budget (attached). He said the YMCA would provide programs in Fountain Hills and not cost the town anything because user fees would cover all costs. He went over the budget". the expenditures and revenues. and said the committee felt the net eypenses would be in the range of $56, 300.00 and requested that this budget: be Includad in pent year's Enrdget. Ccuncil(4oman Lemieux asked why the budget didn't include any grants and Mr. .Scharnow said they di.ln't want to put any money- in that they were not fairly sure of even though he knows there are clot of grants available that can be pursued. Councilman Bill said he was afraid the budget was too modest. Mr. Scharnow said he wanted to keep the budget modest for the first year and used figures based on what some of the present activities cost out here. �'ouncilman Bill said he felt it was important to remember what the town s prloriiio: are as indicated by the Town Hall and that Parks and Rec was -1 top priority. He r A t:: rated that he thought the budget was too modest and than it might be a good idea to compare it with ether cities and towns our size. i:'ic" 'Yaynr ''''lyar_` 4eh reminded the council that they were dealing with '85 census figures for the budget and that could change Drastically nest year, allowing more funding for same erious Barks and rec, programs. Councilman Fox said that with th; con urrence of the council he would Like to plug the figures in from the proposed part: and rec budget and see how the overall picture looka. Nr. NcNulty- slid the council has. by statute, until the Ird Tuesday in July to approve .a tentative budget. Although they care atprove anytime before that. The final approval must be by the 3rd Monday- of August. 'n F� the tentative budget is adopted, it may not be increased but it may be reduced or adjusted from within. The council asked that Yr. Scharnow get_ with Councilman Fox with figures for him to plug into the budget for the nest finance committee meeting. FINANCE Minutes of the Town Council 5/24/90 Pate 7 of 9 Councilman Fox said he had nothinc to rep,_-t. OFFTCF FACILITIES Chair Minarsich said there was no report. POLICE PROTECTION Chair Fos said thev were waiting for a call. TOWN ROAD PLANNING Chair Fox said there was no report. TOWN CODES Chair Lemieux reported that there was one more meeting to review the final revision of the codes and then they- would be passed on to the council members. PLANNING & ZONING Chair Minarsich reported that they will be having one more meeting. AGENDA ITEM #3 - DISCUSSION OF TOWN PROSECUTOR INayer Cutil.lo said there has been no discussion -)it this and the magistrate had reminded him that it needed to bey addro-ssed. He further said he would like to cl,eci: locally- an-i see what is available in the was- of retired legal people that ;v:tald like to put in time a prosr_cutor•.'r. Farrell said retired is an Inappropriate cnO1Ce since It waS necessary to have at: actives license to practice law. Thev mu: t be. an active and admitted member in the Arizona liar. Mr.. Farrell said contracting is the way they do it in Carefree and Cavecreek - thet-designate + specific sum of money each month that the pay t,> firtccvho keeps themselves available on the days that court is to be held. The town gives a stipend each month and the firm bill s aga.iust that amount. The Tacvr. Yl:anager was directed to try and find a local Person to fill the position or to check with law firms that contract for this t:vpe of sert-i.ce. Mr.. McNulty said ire will seek out applicants, have Mr. Farrell screen them and then male a recommendation to the council since thev will bc� doing the hirinf,. Councilwoman Lemieux suggested that the town manpger check the applications in the cler11'.7 Office that had applied for rn:- _:i.-tr.ate. AGENDA ITEM #4 - ADJOURNMENT C:'71tillo m.=,de MOTION to ad,j.;irr;. SECONDED by Councilman Bill and CARRIED curanimous.l,q. The. council adjourned the work,/study session at approximately 8:45 p.m. Minutes of the Town Council 5/24/90 Page 8 of 9 By ATTEST: _ Cassie Hansen, Town Clerk CERTIFICATION TO�i GF! 1"'U 'I a IN H.ILI._`- --- John till-. or J I hereby certify that the foregoin- minutes :ire true ,and correct: copy- of the minutes of the -special meeting and i,,-c.rl; 'es=ion n± trlf_ Tow') Council of Fountain Hills held on the 24th day of :i:,a 1`91). T fl.cther certify that the meeting was duly called and held and that .a quorum was I.,resent. DATED this S`-L day of June, 19QO. Lassie Hansen. Town Clerk Minutes of the Toum Council 5/ 24/90 Page 9 of 9