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HomeMy WebLinkAbout1992.0618.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 18, 1992 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor John Cutillo at 6:30 p.m.,Thursday,June 18, 1992,in the Fountain Hills Town Hall,located at 16836 E.Palisades Blvd.,Building C,Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Associate Pastor Richard Pyke from the Fountain Hills Presbyterian Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Charlie Fox and Councilmembers Frank Clark,Peg Tibbetts, Wally Hudson, and Bill O'Brien. Councilman Mike Minarsich arrived at 6:45 p.m. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell, Director of Community Development Gary Jeppson,and Town Clerk Cassie Hansen. Mayor Cutillo stated that there was a consent agenda but that it would be more expedient to cover the two items individually. AGENDA ITEM#2 -ACCEPTANCE OF THE MEETING MINUTES OF JUNE 4TH. Councilman Hudson made a MOTION to accept the minutes. SECONDED by Vice Mayor Fox and CARRIED unanimously. AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1992-15,ABANDONING WHATEVER RIGHTt TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE REAR LOT LINE OF LOT 14,BLOCK 2,OF PLAT 602A FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 161 OF MAPS,PAGE 42,RECORDS OF MARICOPA COUNTY, ARIZONA. Mayor Cutillo made a MOTION to accept the Resolution as written. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #4 - MONTHLY REPORT BY CAPTAIN SPECK OF THE MARICOPA COUNTY SHERIFF'S DEPARTMENT. Lt. Stoner spoke in behalf of Captain Speck. He reviewed the traffic report stating that there were 156 citations issued. The largest count was for speeding, the second largest was for insurance violations. AGENDA ITEM#5 -TOWN MANAGER'S REPORT. #5.A.1. Project Update (with possible direction from the Council for appropriate action) Beeline Highway update by Arizona Department of Transportation officials. Mr. Nordin stated that since the representative had not yet arrived,the item would be addressed later. Minutes of the Regular Session of the Town Council 06/18/92 Page 1 of 7 AGENDA ITEM #7 - CONSIDERATION OF ORDINANCE 92-04, AMENDING THE TOWN CODE CHAPTER 7 BUILDINGS AND BUILDING REGULATIONS BY ADDING A NEW ARTICLE 7-6,HOURS FOR CONSTRUCTION WORK AND NOISE REGULATIONS DURING CONSTRUCTION AND DECLARING AN EMERGENCY. Mayor Cutillo stated that he would take agenda item seven ahead of agenda item six due to the large number of persons in attendance for that topic. Mr. Farrell gave a brief history of the noise and language situation at construction sites. He stated that the Council should look at the Ordinance and not adopt it but consider what direction should be taken. Mr.Farrell read the Ordinance. He explained that enterprises could be fined more than an individual. Councilman Minarsich stated that he would prefer that the builders would cooperate and police themselves so the Council would not have to enact such a code. Councilman Hudson said there were contractors leaving the meeting because there was not room enough for them to enter the lobby. He suggested the meeting be moved to a larger facility. Mayor Cutillo sent a staff member outside to inform people not to leave and that they would each be given a chance to speak. Councilwoman Tibbetts stated she agreed with Councilman Minarsich,that the community would be in a growth mode for many years. She said she would prefer the situation be handled on a performance basis. Vice Mayor Fox stated that many Fountain Hills citizens make their living from construction. He did not want to see the actions of a few hurt the majority that did not abuse the rules. He said that in most of his conversations, the biggest offenders were loud noises, generators,radios, etc. and profanity. Vice Mayor Fox said he wanted to see the contractors cooperate and did not want to pass an Ordinance. He added that he wanted to discuss weekend work hours also. Councilman O'Brien stated that he felt the community and the contractors needed to come to an agreement on the times they worked. He said he did not have a problem with passing an ordinance to restrict the hours for construction but preferred the contractors resolve the situation themselves. Councilman Clark said he favored the Ordinance but that it would not work if everyone did not cooperate. He suggested the Ordinance allow work between sunrise and sunset,disallowing heavy equipment usage before seven o'clock in the morning and not on Sunday. He added the Ordinance should address loud radios. Councilman Clark wanted the Ordinance passed and in effect the next day. Councilman Minarsich stated that an Ordinance would not change people's language and did not want to see the Ordinance go into effect. Ms. Mary Wood requested the meeting be moved to a locations large enough to accommodate everyone. Mayor Cutillo requested that Town staff find the balance of the chairs in Town Hall and give up their chairs. Councilman Clark stated that the Ordinance had been studied and was less restrictive than neighboring valley cities that had them. Mr.Pittsenbarger,President of the Contractor's Association,stated the Association had drafted a set of rules. He said they were going to propose them to the local contractors in a poster form. Mr.Pittsenbarger said the contractors would be required to post them on their job sites. He added that they would provide them to the Building and Safety Department of the Town and when an outside contractor came in,they would be provided with a poster. Mr.Pittsenbarger read the regulations, including the following: no radios on construction sites,mufflers and generators on compressors must be in good working order,no alcohol or controlled substances permitted on construction sites, loud profanity not be permitted on construction sites,construction and food debris must be placed in proper containers,driving vehicles on adjacent lots without the owner's permission prohibited, use of S.R.P. power for framing through completion of the home. Mr. Piusenbarger stated that the major problem was with generators and radios. He said the General Contractors would be in control of their subs. Mr. Piusenbarger stated that contractors needed to plan ahead to get the S.R.P. power to the sites. He stated that contractors needed to be able to work those early morning hours in the summer and quit earlier in the heat of the day. Vice Mayor Fox asked if they had addressed weekend hours, especially Sunday. Mr.Charlie Vascellero,Jr., 16790 Ashbrook,spoke for his father. He said he would like to see a warning for a first time offense and a start time of six instead of seven o'clock. Mr. Vascellero added that he could also address heat exhaustion, sun poisoning, etc. Mr. Tony Fiano stated he had twenty to twenty-five people working for him outside and that it was miserable in the heat. He said his crew started at four-thirty in the morning and he would refuse to work his men later in the day with the extreme heat. Mr.Richard Myers,a local general contractor, stated that the fines and possible incarceration seemed extreme for the type of offense. He stated that the first offense was a warning in most other municipalities. Mr.Myers requested the Council consider setting a minimum distance to occupied residences and if a new construction site exceeded that distance,the Ordinance would not apply to that property. He added that if the subs would only be able to work a half of a day,they would not want to come Minutes of the Regular Session of the Town Council 06/18/92 Page 2 of 7 up to Fountain Hills. Mr.Myers stated that one of a potential customer's first questions was always,how long would it take to construct a home. He added that if the laborers could only work a half of a day the construction time would almost double. Mr.Mary Ulrickson, 14633 Fairlynn Drive,asked how an Ordinance such as the one proposed would look to companies that the Economic Development Council was trying to draw to our community. Mr.Arthur Ashfeld, 16059 Bayfield,said he had been involved in the local school remodel and when the kids returned to school from summer break,he heard more vulgar language from them than the construction workers. Mr. Michael Logan, 2700 East First Street,Mesa,stated that by eleven o'clock in the morning,when running heavy equipment,the heat was very extreme and they would not be able to work into the middle of the day. Mr.Dennis Regeski,Calico Drive, stated that he felt the contractors should work together and cooperate without an Ordinance. He agreed that there was too much abusive language out in the field. Mr.Tom Zeidis, 17321 Vallecito,said the construction of a home is temporary and neighbors who complain about the early hours' noise should remember that someone else had to listen to the workers when their home was built. Mr.Gordon Weidner,Momingside,suggested the Ordinance refer to something that was comparable to seventy decibels. Mr.Stan LaShey, 15620 Sunburst,stated he heard hammers at five o'clock that morning and he felt the Ordinance was necessary. Mr. Jerry Sallick, 136 West Third Place, Mesa, said working out in the heat was very difficult and he did not agree with setting times that people could and could not work. Mr.Tim Yoder, 15459 El Lago Drive,stated that he didn't want to see more controls. He said that in the nineteen years that he had built homes in Fountain Hills, the only complaint he had on contractors relieving themselves came after the requirement of J-Jons on the sites. Mr. Yoder stated that customers of the contractors would not want their construction delayed. Mr. Yoder stated that,unfortunately, the local contractors that live and work in Fountain Hills everyday would be the ones that would receive all the negative reactions. He said that a one- time contractor in Fountain Hills would do his job, go away and not suffer any of the consequences. Mr. Mark Rhinehart, 16858 Stoneridge Court,stated that when he moved to Arizona,working in the construction field,people would ask him how he could stand the heat and he stated they could begin the day at sunrise and quit before the heat of the day got there. He did not want the Ordinance to pass, stating that it would make people work through the hottest part of the day and that would cause too many serious health problems. Mr. Arnold Van Ruttenback, San Tomas Place, said the contractors were artists. He explained that when the residence next door to him was built, for six months from six o'clock on the morning or earlier until three in the afternoon,several generators would run. Mr.Van Ruttenback said he did not care how early the contractors started just that they start quietly. He stated that if generators were necessary,they should be enclosed and muffled. Mr.John Bercel, 17219 Vallecito Drive,stated that he had lived in that home for seven and one-half years. He said that three homes had been constructed during that time,averaging three months each. Mr.Bercel had broken down the construction time during which construction generator noise was necessary and that figured to be one percent of the last seven and one-half years. Ms. Kris Sercu, 14849 Kingsway, said she thought there were problems in the Ordinance that would effect the high school and road construction projects. She stated that the seven o'clock in the morning time proposed would delay concrete projects and many other concerns. Ms. Sercu stated the contractor's set of rules was good and the Council should wait and see if their rules would work and if not, then create an Ordinance. Mr. Les Fisbeck, Fountain Hills Concrete,stated that concrete is a perishable product. He said the start time was determined by the size of the job and he added that the concrete had to be down before the sun came up. Mr. Fisbeck stated that he would not be able to staff enough equipment if the start time was set. He added that valley concrete contractors would be brought in and there would be many more concrete trucks travelling our streets. Mr.Jason Gillum,Gillum Concrete,stated that if the Ordinance was passed,it would increase the cost of constructing the home by two or three hundred dollars. Mr.Ray Baldwin,9048 North Leo Drive,asked if the Ordinance would impose a fine on a utility company that had to do emergency repair. He added that there should be a uniform fine for every violator,not a difference between an individual and a corporation. Ms. Dena Henry stated that they had started the issue because the construction workers adjacent to their home were so loud that they woke them up. She added that they were also very obnoxious and after they spoke to them,they arrived earlier and became more vulgar. Ms. Henry said the Arizona contractors were fortunate that they could work twelve months out of the year,most other states had to shut construction down in the winter. She stated that if the contractors would not police themselves,the Ordinance would be needed. She added that the Town, the Marshal's Department and the Sheriff's office were all powerless against those types of offensive activities. Mr.Mark Hanroy,El Sobrante,stated that the fines imposed would be detrimental to the citizens of Fountain Hills. He explained that when contractors were building for customers, they could not get there too Minutes of the Regular Session of the Town Council 06/18/92 Page 3 of 7 early. Mr.Chuck Rippy, 14036 North Sheffield Court,stated that the problems were individual ones,not the entire construction community. He felt each complaint should be dealt with as it occurred. Mr.Pittsenbarger said he spoke to the contractor that Ms. Henry had the complaint on and the owner of the company had not gone to the construction site one time. He requested that the Council not impose the Ordinance on the contractors. Mr. Tom Henry, Telegraph, said Henderson,Nevada, had a six o'clock construction start time. He stated that there was no way to police the contractors from outside the community. Mr. Henry said they would not pass an Ordinance, however,he did not believe the contractors policing themselves would work either. Mr.Mark Stopha,Tempe,said the profane actions of the framing crew next door to Mr. Henry's residence had started the problem. He said it would not have made any difference if they waited to start work at ten in the morning because they would still have used profanity. Mr. Mark Bercel, 17220 Malta Drive, commented that he wondered if home owners would be willing to pay twenty to thirty percent more to have a home built because of a later start time. Ms.Wood said that she walked in the shade every morning and by seven-thirty in the morning,she could not stay outside because it was too hot. Mr.Lee Offringa, 15942 Burro Drive,stated that he thought there were already laws against nuisances and disturbing the peace. He said he didn't understand why no one had any control over the problem. Mr.Fiano, 16231 East Bainbridge Avenue,stated he did not want to be stereotyped along with the subs that used profanity. He added that he had to make money and starting early in the summer was the only way it would happen. Mr. Les Fisbeck said that no one had mentioned Mesa's Ordinance and Mrs. Henry said that their start time was four o'clock in the morning. Mr.Randy Brovelli, 16631 North Aspen Drive,stated that the complaints that had come in were not about any Fountain Hills contractor or any contractor that was affiliated with the Fountain Hills Contractor's Association. He said he felt the contractors would regulate themselves. Councilman Hudson stated the Town needed an Ordinance,not the proposed one,but something to accompany what local contractors would try to do. He requested the issue be tabled for one month and in the mean time,he would give staff the changes that he felt should be made. Mayor Cutillo said he was opposed to an Ordinance. He stated he wanted to see a very strong spirit of cooperation. Councilman Minarsich said he thought most of the Fountain Hills residents would prefer to see an Ordinance of that type,but that he was opposed to it because regulation was not the answer at that point. Councilman Minarsich made a MOTION to abandon Ordinance 92-04 in any form and direct staff to work with the Contractor's Association to implement the Rules and Regulations that they have drafted. SECONDED by Mayor Cutillo. Councilman Hudson made a MOTION to TABLE the motion for one month. SECONDED by Councilman Clark. Vice Mayor Fox asked if the Town and the contractors could continue communication during the month if the motion was tabled. Mr. Farrell said negotiations could continue. Councilman Minarsich stated that there would be no effect on his motion either because there could always be a different Ordinance to re-institute the regulations. Mr. Von Ruttenback asked if the Ordinance would re-surface in one month if the motion to table was passed. Mayor Cutillo said it would. Ms. Henry asked how the contractors would police themselves if no ordinance was passed. Vice Mayor Fox stated that he believed the contractors at the meeting were sincere in making an effort to police themselves and if they failed, he would favor an Ordinance. Mayor Cutillo called for a vote of those in favor of tabling the motion. It FAILED with a vote of five nay to two aye votes cast by Councilman Clark and Councilman Hudson. Councilman O'Brien asked that someone explain what powers and means of policing the violations the Association would have. Councilman Minarsich explained and requested that the contractors be given a chance to handle the situation themselves. Vice Mayor Fox stated that he was involved with the Community Policing Committee and would help coordinate communication with Maricopa County Sheriff's office. Ms. Henry asked where complaints could be filed and Mayor Cutillo directed them to the Clerk's office. Mayor Cutillo called for a vote on the original motion. Motion CARRIED with a vote of five ayes to two nay votes,cast by Councilman Clark and Councilman Hudson. Mayor Cutillo stated that the persons from the community that voiced opinions in favor of the Ordinance should not feel that they had not accomplished what they intended. He said they accomplished a great deal because the contractors had responded in a positive way. AGENDA ITEM#5 -TOWN MANAGER'S REPORT 5.A.1. Project Update (with possible direction from the Council for appropriate action). Beeline Highway update by Arizona Department of Transportation officials. Mayor Cutillo returned to Agenda Item #5 on the Minutes of the Regular Session of the Town Council 06/18/92 Page 4 of 7 agenda. Mr. Nordin introduced Mr. Dallas Saxton and Mr. Mark DeLong both from the Arizona Department of Transportation,Mr.Bill Hendrick,a Consulting Engineer working for A.D.O.T.on the Beeline construction project. Mr. Saxton stated that the project was doing very well and they were on schedule. He stated that they were still targeting January 1993 for completion of the study. Mr. Saxton said that upon completion of that portion of the project,the final design would begin and was scheduled for completion in April 1994,for advertising for bids. Mr. Hendrick stated they broke the project into three levels of completion. He explained those levels and stated they expected to hold a public hearing in October of this year. Mr.Nordin asked Mr.Saxton to explain how they planned to select their design engineer. He stated that the only situation that could delay or change the schedule was if the Transportation Board focused on a different project or disapproved the program. AGENDA ITEM #6 - CONSIDERATION OF ORDINANCE 92-03, AMENDING SECTION 7 OF THE FOUNTAIN HILLS TOWN CODE ADOPTING THE 1991 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM SWIMMING POOL AND SPA HOT TUB CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AND THE 1990 NATIONAL ELECTRICAL CODE AND AMENDING ARTICLE 7.2 ADOPTING A NEW FEE STRUCTURE FOR PLAN CHECKING AND BUILDING INSPECTIONS. Mr.Jeppson said that staff had met with the licensed contractors of Fountain Hills and they were recommending the above codes for adoption. He stated that they proposed to base the calculations for fees on the square footage,rather than the basis of valuation. Mr.Jeppson said that only single family and two-family dwellings would be figured that way,at$.14 for plan check fee and$.26 for inspection fee on a square footage basis. Councilman Minarsich made a MOTION to accept the Ordinance as written. SECONDED by Councilman O'Brien and CARRIED unanimously. Ntir AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 1992-12, AUTHORIZING THE MUNICIPALITY TO ENTER INTO A MASTER EQUIPMENT LEASE PURCHASE AGREEMENT WITH VALLEY BANK LEASING, INC. FOR THE ACQUISITION OF THE USE AND POSSESSION OF ONE NEW JOHN DEERE 210c1 LANDSCAPE LOADER WITH CAB, AIR, MFWD, WITH BACKHOE, 12" BUCKET, 3 PT. HITCH. Mayor Cutillo said that the Council did not have all the necessary information at that time and staff had requested that the agenda item be continued. Mayor Cutillo made a MOTION to continue the matter until July 2, 1992. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 1992-16, SUPPORTING THE PROPERTY OWNERS WITHIN FOUNTAIN HILLS RESIDENTIAL PLAT 203 IN ORGANIZING PROPERTY OWNERS ASSOCIATIONS TO ADOPT PROCEDURES TO FILL VACANCIES ON THE RESPECTIVE COMMITTEES OF ARCHITECTURE; AND ENCOURAGING PROPERTY OWNERS WHO BELIEVE THAT IT IS IN THEIR BEST INTEREST TO MAINTAIN CONTINUED ARCHITECTURAL CONTROL TO USE THEIR BEST EFFORTS TO ORGANIZE OR JOIN SUCH ASSOCIATIONS. Mayor Cutillo said he met with Mr.Jerry Miles and he thought Mr.Miles'endeavor was a worthwhile project. Mr. Miles explained the history of Fountain Hills and how it was developed by the McCullough Corporation. He said the developer recorded sixty-four plats in the first three years and placed Deed Restrictions on the land. Mr.Miles said that the Declaration of Reservations provided for a Committee of Architecture that was given the authority to enforce the Declaration of Reservations and approve the architectural design of every structure built in Fountain Hills. Mr.Miles explained that MCO had decided not to continue the Committee of Architecture as the Deed Restrictions' Minutes of the Regular Session of the Town Council 06/18/92 Page 5 of 7 twenty year period would occur. He said he and some of his neighbors decided to form a property owner's organization and let that organization appoint their Committee of Architecture. He said he put an annexation clause in the Property Owner's Organization's Articles of Incorporation. Mr. Miles stated the clause would permit other plats to join with his plat,therefore cutting the number of groups needed. He added that there was a clause in their corporate papers that would allow the Town to take over the authority, should the State Statutes ever change and permit the Town to have the control. Mr. Miles said that he hoped the Council would adopt the Resolution. He stated that it would not have the power of law but it would send out the message that there was a problem and the Town could not legally take on the job. Councilman Minarsich made a MOTION to adopt Resolution 1992-16 as written. SECONDED by Councilwoman Tibbetts. Councilman Clark made one correction to the Resolution,stating that in the fourth whereas,second line,it read "twenty period" and should have read "twenty year period." Mayor Cutillo accepted the correction. Councilman O'Brien said there was at least one other association and he wondered if they had had conversations. Mr.Miles stated that there had been but since there were some bad feelings regarding the Fountain Hills Property Owner's Association,they felt a different organization should be formed. Mr. Dennis Regeski,President of F.H.P.O.A., said what the new organization was doing was what his organization had tried to do for a long time. He said his organization would support what Mr. Miles' group was doing. Ms. Mary Petroff requested copies of what they were talking about as she was not familiar with the situation. Mr. John Evancho, Jacklin Drive, stated he resented Mr. Miles talking negatively about the previous F.H.P.O.A. President and Board of Directors. He asked where the new Committee of Architecture would meet and who would pay for the meeting rooms. Mr. Gordon Pittsenbarger said one of the concerns that the building community had was who would make up the Committee of Architecture. Mr. Miles said they wanted professionals on the Committee that were familiar with construction and Fountain Hills. Ms. Mary Wood asked what would happen if the property owners were not reached or found for the notification of the plat meeting. Mr. Miles said they had that problem and they did what they could. He stated that the Declaration of Reservations stated that there had to be a majority of the lot owners (50% plus one). Mr. Farrell stated that there was no legal way that the Town could ever take over the control. Councilman Minarsich stated that he wanted the public to know that a Resolution was simply an endorsement and it did not, in any way, give the Town any authority or control. Motion CARRIED with a six aye votes. Councilman O'Brien abstained. AGENDA ITEM#10 - CALL TO THE PUBLIC. Mayor Cutillo made the call to the public. There were no comments. AGENDA ITEM#11-PURSUANT TO A.R.S.38-431.03.A.7.,VOTE TO GO INTO EXECUTIVE SESSION TO CONSULT 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. Councilman Fox made a MOTION to go into executive session after a short recess at 9:25 p.m. SECONDED by Councilman Minarsich and CARRIED unanimously. The Town Council went into executive session at approximately 9:30 p.m. AGENDA ITEM#12 - RETURN TO REGULAR SESSION AND ADJOURNMENT. The Town Council returned to regular session at 10:20 p.m. Councilman O'Brien made a MOTION to adjourn. SECONDED by Mayor Cutillo and CARRIED unanimously. The Town Council adjourned at approximately 10:21 p.m. Minutes of the Regular Session of the Town Council 06/18/92 , 11401) Page 6 of 7 TOWQF F 77 By: , John . Cutillo, Mayor ATTEST: ( �J ) Cassie B. Hansen, Town Clerk I PREPARED BY G Lan L. Bratcher, Secretary CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills on the 18th day of June 1992. I further certify that the meeting was duly called and that a quorum was present. DATED this day of August 1992. 0,8-114;-t, 16- ' Cassie B. Hansen, Town Clerk L Minutes of the Regular Session of the Town Council 06/18/92 Page 7 of 7