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HomeMy WebLinkAbout1994.0519.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 19, 1994 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m.,Thursday, May 19, 1994, 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 Mike Minarsich, and Councilmembers Don Lawrence, Peg Tibbetts, Wally Hudson, Frank Clark and Bill O'Brien. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen, and Associate Planner Loras Rauch. Mayor Cutillo read the consent agenda which include& AGENDA ITEM#2.-CONSIDERATION OF THE EXTENSION OF PREMISE/PATIO PERMIT BY JOHN KARETAS FOR THE ALAMO SALOON. THE PERMIT WILL TEMPORARILY EXTEND THE ALAMO'S LIQUOR LICENSE TO AN ENCLOSED AREA IN BACK OF THE BUILDING ON MAY 28TH FOR COOKOUT TO GO WITH THEIR ANNUAL GOLF TOURNAMENT AND ON JULY 4TH FOR A COOKOUT TO CELEBRATE THE HOLIDAY. AGENDA ITEM #3. - CONSIDERATION OF S94-46, FINAL PLAT FOR A "LA MONTANA CONDOMINIUMS" LOCATED AT 16511 LOST ARROW DRIVE AKA PLAT 206, BLOCK 3, LOT 9. AGENDA ITEM#4. - CONSIDERATION OF CONTRACT WITH COX BROWN & ASSOCIATES FOR TEMPORARY, RESIDENTIAL PLAN-CHECK SERVICES. Councilman Clark MOVED approval of the consent agenda and the motion was SECONDED by Councilwoman Tibbetts. A roll call vote was taken with the results as follows: Councilman O'Brien aye Councilman Hudson aye Councilman Clark aye Councilwoman Tibbetts aye Councilman Lawrence aye Vice Mayor Minarsich aye Mayor Cutillo aye The motion CARRIED unanimously. AGENDA ITEM#5. - MONTHLY REPORT BY MAGISTRATE SHOOB. Judge Shoob presented his report per the attached. He also said that pursuant to a suggestion from a councilmember, the court had advertised for volunteer help and had received a very good response--10 recruits. There were presently five volunteers working with the court,one working with the collection officer,one working on monthly reports,one keeping the jury list current, one helping with general office duties, and another working with the new teen court. Minutes of the Regular Session of the Town Council 05/19/94 Page 1 of 7 The judge then said that the court was in the process of establishing a new teen court--a court made up of teenagers aged 13 through 17 from the high school. The teen court was done in conjunction with the Fountain Hills Court and the Fort McDowell reservation. The goal was to be in session by September 1 and would give kids in that age bracket the ability to come in by referral (from the Marshal, the Fort McDowell police, the sheriff, or the school) for disruptive behavior which didn't constitute a crime and enter a plea and receive a sentence from a jury of their peers. The same concept was working in six or seven communities throughout Arizona and other communities countrywide. Councilman Hudson asked what a typical sentence might be. Judge Shoob answered it could range from a fine, community service,diversion program, or counseling with the child and parents. He said the sentence was only a recommendation, the judge still had the fmal say in the sentencing. Part of the sentencing was also that they serve as a juror or as a court participant from three to six times. Judge Shoob next told the Council that the court had a new collections officer who worked approximately 30 hours per week on an hourly basis. In the three weeks since the collections officer began, 12 difficult,outstanding warrants had been closed. Before proceeding to the next agenda item, Mayor Cutillo asked Mr. Farrell to explain Agenda Items 6-9 to the Council. Mr. Farrell said the next four items were color coded and offered the Council some options in order to complete the activity regarding the Sunridge Canyon General Plan amendment for a specific area plan. He said that in order to declare the plan document itself a public record and adopt a plan document as an amendment, two versions had been prepared in accordance with the last Town Council meeting and the last Planning & Zoning meeting. He explained that the yellow copy of Resolution Nos. 1994-17 and 1994-18 represented the Planning & Zoning Commission recommendation. He said the green copy of Resolutions 1994-20 and 1994-21 represented the applicant's copy. He explained that when the subsequent voting occurred,if the Council wished to approve the green copy,then four affirmative votes would be required and the same was true if the yellow copy was the approved plan. He said if the Council wished,for whatever reason,to amend the specific area plan document,then the change would have to be made and brought back before the Council at the next scheduled meeting,but the yellow or green versions could be approved that evening. AGENDA ITEM#6.-CONSIDERATION OF RESOLUTION 1994-18,AMENDING THE FOUNTAIN HILLS GENERAL PLAN BY ADOPTING THE SUNRIDGE CANYON AREA SPECIFIC PLAN,DATED MAY 19, 1994. Councilman Clark MOVED to remove the motion tabled on May 5;Councilman O'Brien SECONDED the motion which CARRIED unanimously. Greg Bielli, Vice President of MCO Properties, gave a presentation. He said MCO had looked at the project and the associated paving costs for the area from Sage to Lost Hills,which were estimated to be between $650,000 and $700,000,and said MCO was willing to proceed and include that as part of their requirement as related to Sunridge Canyon. He said that agreement was tied to Parcel C--if the Council agreed to the 130-unit request, which would be capped,MCO would pay all paving costs. MCO requested that the current motion be denied and a new motion made to include MCO's agreement to pave Palisades and Parcel C retaining 130 units. Ms. Doris Dugger asked if Palisades included four lanes. Mr. Bielli answered that it did. He said there were agreements with the town engineer as to the amounts of the improvements for putting two lanes in all the way to Shea and where traffic counts warranted, addition of two more lanes. Councilman O'Brien said he had made the motion at the previous council meeting limiting zoning to R1-6, since that was the lowest available. He said if MCO's request was approved,it would mean approving aspects of zoning for which the town had no zoning available, and he wasn't comfortable doing that. Minutes of the Regular Session of the Town Council 05/19/94 Page 2 of 7 , Mr.Arnold VanRuitenbeek,San Tomas P1.,said Parcel C was very near the high school and not near existing homes, so allowing MCO the 130 homes would be offering more people more affordable housing. He said approval of the project would also get Palisades paved, which would be a very sensible step. He said he spoke for himself and the r, people of North Heights that it was a very good accommodation and should be approved. Mr.John Brie,North Heights,said Mr. VanRuitenbeek did not speak for the people of North Heights and that there were differing opinions. Mr. Jim Ritchie, a member of the Committee for Sensible Development, said the committee was in favor of R1-6 zoning for the project and nothing less. Mr. Tom Henry,P&Z Commissioner, said his problem was that the Council would,by their vote,which everyone knew how they would vote, take an R1-43 and give MCO an R1-4. He said the Council had not looked at a preliminary plat of Parcel C and he strongly recommended an option of recommending what the P&Z recommended. The council would have an opportunity to come to a preliminary plat review and see if 130 units made sense by looking at a layout and then approving the plan by a P.U.D. if it did make sense. Mr.Mike Heasley,a member of the Committee for Sensible Development,said the committee was prepared to take action similar to that taken on the Pulte project if the council approved the Sunridge Canyon project to make sure the citizens' rights were as protected as the developers' seemed to be. The motion FAILED 5 nay votes to 2 aye votes by Councilman Clark and Councilman O'Brien. Agenda Item 7 was not necessary due to the above action. AGENDA ITEM#8.-CONSIDERATION OF RESOLUTION 1994-21,AMENDING THE FOUNTAIN HILLS GENERAL PLAN BY ADOPTING THE SUNRIDGE CANYON AREA SPECIFIC PLAN,DATED MAY 18, 1994. Councilman Hudson MOVED adoption of Resolution 1994-21, Specific Area Plan, and Councilwoman Tibbetts SECONDED. Mayor Cutillo said he would vote for the resolution due to the opportunity presented for four lanes on Palisades Blvd., which he felt was extremely important for the community and would save the Town a lot of money. He didn't feel the additional 40 units permitted in Parcel C would be of any detriment to the neighborhood. The motion CARRIED five aye votes to two nay votes by Councilman Clark and Councilman O'Brien. AGENDA ITEM #9. - CONSIDERATION OF RESOLUTION 1994-22, DECLARING THAT CERTAIN DOCUMENT KNOWN AS THE SUNRIDGE CANYON AREA SPECIFIC PLAN,MAY 18,1994,FOR THE TOWN OF FOUNTAIN HILLS, A PUBLIC RECORD PURSUANT TO A.R.S. 9-801. Councilman Hudson MOVED approval and Councilman Lawrence SECONDED the motion which CARRIED five aye votes to two nay votes by Councilman Clark and Councilman O'Brien. AGENDA ITEM #10. - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) #10A. Consideration of contracting with Stanley Consultants for engineering consulting services for Minutes of the Regular Session of the Town Council 05/19/94 �•► Page 3 of 7 construction of box culvert at Ashbrook Wash on Fountain Hills Boulevard, in the amount of$45,558. Mr.Nordin said that both items in his report had to do with contract awards for consulting engineering services and both projects had significant federal dollars attached to them. Staff believed the contracts were an excellent expenditure of funds and would take care of two significant problems in the community. He said staff recommended approval. Vice Mayor Minarsich MOVED approval of the contract to Stanley Consultants for engineering consulting services for construction of box culvert at Ashbrook Wash on Fountain Hills Boulevard,not to exceed the amount of$45,558. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. #10B. Consideration of contract with Burgess Niple for engineering services for the Saguaro Boulevard bike lane bottleneck elimination project using Federal Aid, in the amount of$24,373. Vice Mayor Minarsich MOVED approval of the contract with Burgess Niple for engineering services for the Saguaro Boulevard bike lane bottleneck elimination project using Federal Aid, in the amount of$24,373. Mayor Cutillo SECONDED the motion. Councilman Lawrence asked how delaying the project from fiscal year '94 to fiscal year '95 could result in substantial construction costs and A.D.O.T.construction engineering cost savings. Mr.Harrel said the intention was to bid it in conjunction with the same package as the Ashbrook Wash culvert since both projects had a significant amount of curb and gutter and asphalt that individually by A.D.O.T. standards would be rather small but combined would be more significant and, therefore, cost savings would be realized. Councilman Lawrence asked if the Pulte and Centennial Subdivisions were constructed and the Town was reimbursed by each or had the overall cost reduced,whether the federal aid could be used elsewhere or whether it be lost. The answer was that the money would be lost as the federal dollars would be reduced accordingly. The motion CARRIED unanimously. AGENDA ITEM #11. - CONSIDERATION OF RESOLUTION 1994-19, REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO AUTHORIZE TRANSPORTATION ASSISTANCE FUNDS PURSUANT TO SECTION 28-2602, ARIZONA REVISED STATUTES. Mr.Nordin said the item was presented to the Council annually in order to avail the Town of the lottery funds,the LTAF funds. The reason the item was not on the consent agenda was to allow the Council the opportunity to change, if desired, the past policy established, more specifically the portion where the staff was allowed to award 10% of the funds to worthy community organizations, which was Option A. He said if the Council wished, they could amend it to say that the funds be used for transportation purposes only because of the need for funds for street maintenance, which would be Option B. Vice Mayor Minarsich MOVED acceptance of Resolution 1994-19, requesting the Arizona Department of Transportation to authorize Transportation Assistance Funds pursuant to Section 28-2602,Arizona Revised Statutes, for all legal uses. Councilwoman Tibbetts SECONDED the motion. Ms.Mary Pilarinos asked for clarification between 1994-19A and 1994-19B and then requested the Council vote for 1994-19B because the Town desperately needed transportation funds. Mr. Tony Saladino asked if the 10% of LTAF which the Town gave to community organizations was a gift or matching funds. Mayor Cutillo answered they were matching funds. Minutes of the Regular Session of the Town Council 05/19/94 Page 4 of 7 , The motion CARRIED unanimously. Lie AGENDA ITEM #12. - CONSIDERATION OF ORDINANCE 94-08, AMENDING THE TOWN CODE, CHAPTER 6 ANIMALS, ARTICLE 6-2, RABIES/ANIMAL CONTROL LEASH LAW BY AMENDING SECTIONS 6-2-1 DEFINITIONS, 6-2-4 POWERS, 6-2-5 LICENSE FEES. Mr. Farrell said when the Town had taken over Rabies/Animal Control from Maricopa County at the beginning of the year, it was necessary to adopt a rather extensive ordinance since prior to 1994 the Town had merely had a contract with the county. He said the Animal Control Officer,Marvin Cender, was doing a very good job. He said Officer Cender had contacted him with a list of minor inconsistencies and defects in the first ordinance and the amendment would bring the Town ordinance up to state statutes. Councilman Hudson MOVED approval of Ordinance 94-08,declaring an emergency for immediate passage. Vice Mayor Minarsich SECONDED the motion. A roll call vote was taken with the results as follows: Councilman Hudson aye Councilman Lawrence aye Councilman Clark aye Vice Mayor Minarsich aye Councilwoman Tibbetts aye Councilman O'Brien aye Mayor Cutillo aye The motion CARRIED unanimously. AGENDA ITEM#13.-CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE Lir 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.) Mr. Bill Tessmer, 17144 E. Rand, said he had noticed the streets still had a lot of overgrowth resulting in line-of- sight problems. He said in the vicinity of Hawk Dr. and Malta Dr., one couldn't see the oncoming cars and pedestrian visibility was also obscured. He said the Street Department should go out and cut at least eight feet back for safety sake. Mayor Cutillo instructed staff to take note of the above comment. AGENDA ITEM#14.-PURSUANT TO A.R.S.38-431.03.A.1.,VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION,DEMOTION,DISMISSAL,SALARIES,DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY DISCUSSIONS,AN OFFICER,APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. THE COUNCIL WILL BE DISCUSSING THE TOWN MANAGER'S REVIEW. Minutes of the Regular Session of the Town Council 05/19/94 Page 5 of 7 Mayor Cutillo said the Council would be discussing the Town Manager's review and MOVED to go into executive session. Councilman Hudson SECONDED the motion which CARRIED unanimously. Mayor Cutillo recessed the Regular Session at 7:20 p.m. and went into Executive Session. AGENDA ITEM#15. - RETURN TO REGULAR SESSION. The Council returned to Regular Session at 7:45 p.m. AGENDA ITEM#16.-CONSIDERATION OF MERIT INCREASE FOR THE TOWN MANAGER FOR FY 94/95. Mayor Cutillo MADE AN EMERGENCY MOTION to call a special meeting of the Town Council on Tuesday, May 24,1994. Councilman Hudson SECONDED the motion which CARRIED unanimously. The Town Manager's evaluation was rescheduled for May 24, 1994 so no action was taken on this item. AGENDA ITEM#17. - ADJOURNMENT. Vice Mayor Minarsich MOVED to adjourn; Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. The Town Council adjourned at approximately 7:53 p.m. Minutes of the Regular Session of the Town Council 05/19/94 *4111) Page 6 of 7 , L TOWN OF FOUNTAIN HILLS By: Joh M utillo, Mayor e4-4,41 A IThST: Cassie B. Hansen, Town Clerk PREPARED BY: Rosalynn ucker, Administrate 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 19th day of May, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of June, 1994. ,6• Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 05/19/94 Page 7 of 7