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Home My WebLink About1994.0804.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 4, 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,August 4, 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 Wally Hudson, and Councilmembers Don Lawrence, Peg Tibbetts, Frank Clark and Bill O'Brien. Councilwoman Marianne Wiggishoff was absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson and Current Planner Jeff Valdez. Mayor Cutillo read the consent agenda which included: AGENDA ITEM#2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE SUNSET KIWANIS FOR A DUATHLON TO BE HELD ON SUNDAY,AUGUST 28, 1994 FROM 6:00 A.M. TO 10:00 A.M. AGENDA ITEM#3 - CONSIDERATION OF A FINAL REPLAT OF LOTS 19 AND 40, BLOCK 2, PLAT 602-A LOCATED ON THE SOUTH SIDE OF CAVERN DRIVE,WEST OF THE TUMBLEWEED DRIVE TERMINUS. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1994-36, ADOPTING THE MARICOPA ASSOCIATION OF GOVERNMENTS STATEMENT OF VALUES. Mayor Cutillo corrected the date on Agenda Item#2 per a request from the Sunset Kiwanis. The Duathlon will be held on Sunday, August 21, 1994. Councilman Lawrence MOVED approval of the consent agenda as corrected and Councilman Tibbitts SECONDED the motion. A roll call vote was taken with the results as follows: Councilman O'Brien aye Councilman Hudson aye Councilman Clark aye Councilwoman Wiggishoff absent Councilwoman Tibbitts aye Councilman Lawrence aye Mayor Cutillo aye Minutes of the Regular Session of the Town Council 08/04//94 Page 1 of 7 Town Clerk Cassie Hansen introduced Linda Lemmen as her new Administrative Assistant. L AGENDA ITEM#5 - PRESENTATION OF A PLAQUE BY NOREEN EDWARDS, EXECUTIVE STATE DIRECTOR,AND LINDA KURGAN, 1994-95 DELEGATE REPRESENTING FOUNTAIN HILLS IN THE MRS. ARIZONA INTERNATIONAL PAGEANT, TO THE TOWN OF FOUNTAIN HILLS FOR THEIR CONTINUED SUPPORT. Town Manager Paul Nordin accepted a plaque given by the Noreen Edwards, representing the Mrs. Arizona International Pageant organization,a volunteer network for charitable purposes in the State of Arizona. Ms.Edwards introduced Linda Kurgan as the representative delegate for Fountain Hills in that Pageant. AGENDA ITEM #6 - REPORT BY MAYOR CUTILLO ON HIS APPOINTMENT TO THE MAG EXECUTIVE COMMITTEE. Mayor Cutillo announced that he had been elected as Treasurer to serve on the 3-man Executive Board of the Maricopa Association of Governments. AGENDA ITEM#7 -UPDATE ON THE BEELINE HIGHWAY BY THE TOWN MANAGER. Town Manager Paul Nordin reported on the delays to the Beeline Highway project stating that the delays were cov primarily due to the construction north of Shea Boulevard. Mr.Nordin and Mayor Cutillo had been communicated with the Mayor of Payson and offered support to Payson in their attempts to expedite this construction. Mr.Nordin then presented an approximate timetable for the construction of the Beeline Highway, south of Shea Boulevard to McDowell Road. He said that the plans were about 90% completed, scheduled to be done by August 19, 1994. Plans and specifications for this project should be available for bidding by September 30th with a November bid date. The award of the bid,scheduled for January, 1995,would be followed by an estimated 24-month construction period. The original timetable,when Mr.Chuck Cowan with the Arizona Department of Transportation initiated this project, would now be considered 6-8 months behind. Considering the length of time since the completion of negotiations with the Indian tribe, the progress on this project could now be considered as being on time. AGENDA ITEM#8 -MONTHLY REPORT BY MAGISTRATE SHOOB. Judge Stuart Shoob presented the monthly report for the Court's activites for the month of June, 1994. He reported that 520 cases had been filed during the month with 410 of them being terminated. Judge Shoob considered this activity to be normal. Receivables totaling $10,000 to$15,000 per week,primarily due to default judgments had been the recent norm for the Court. Judge Shoob reported that the $137,531.91 total for outstanding debts was for a four year period and anticipated that due to the current increase in case activity this total would also ultimately increase. Minutes of the Regular Session of the Town Council 08/04//94 Page 2 of 7, AGENDA ITEM#9-CONSIDERATION OF REJECTING THE BIDS RECEIVED FOR GOLDEN EAGLE PARK PHASE II IMPROVEMENTS, CONTRACT NUMBER PR94-003. 111) Town Manager Paul Nordin reported that the two bids received for Phase II improvements at Golden Eagle Park were extremely higher than originally estimated. He recommend that the Council reject both of these bids and that staff be directed to make changes to the project and to split the site work from the building work and therefore get a bid more on-line with previous estimates. The site work for this project could be combined with the site work of other projects such as pavement of the Community Center parking lot and Saguaro Woods pavement renovation to keep within budget guidelines. The restroom/control building would be delayed until early Spring, 1995. Mayor Cutillo asked if separating the site and building work would create more interest in bidding. Mr. Nordin stated that he had received informal indications from contractors that a larger number of bidders might be more interested if this separation occurred. Councilman Clark MOVED to reject all bids submitted for the Phase II improvements at Golden Eagle Park and to re-bid this project by dividing the site work from the building work in future bidding specifications. This motion was SECONDED by Councilwoman Tibbitts. Councilman Lawrence expressed his disappointment in the delay caused by the rejection of these bids and urged staff to re-bid the site work as expeditiously as possible with a minumum of delay. Motion was CARRIED unanimously. AGENDA ITEM #10 - PUBLIC HEARING ON RESOLUTION 1994-35, ADOPTING THE TENTATIVE BUDGET AS THE 1994/95 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. Mayor Cutillo called a recess to Regular Session of the Town Council at 6:47 P.M.and declared the Public Hearing be opened regarding adoption of the 1994/95 budget. No one came forward to speak for or against and Mayor Cutillo declared the hearing closed at 6:48 P.M. and reopened the Regular Session of the Town Council. AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 1994-35, ADOPTING THE TENTATIVE BUDGET AS THE 1994/95 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. Vice Mayor Hudson MOVED the adoption of Resolution 1994-35 to adopt the tentative budget as the 1994-95 fiscal year budget for the Town of Fountain Hills. Councilman Clark SECONDED the motion which was CARRIED unanimously. AGENDA ITEM#12- PUBLIC HEARING TO RECEIVE TESTIMONY ON A PROPOSAL TO REZONE A 17.90 +/- ACRE AREA, AKA PLAT 302, BLOCKS 2,3, 4, 5, PARCELS B, C, D AND A PORTION OF PARCEL A, FROM "C-1" TO "C-2", CASE NUMBER Z94-13. Mayor Cutillo called a recess to the Regular Session of the Town Council at 6:46 P.M. and declared the Public Hearing open to receive testimony regarding the rezone of a 17.90 +/- acre area, aka Plat 302, Blocks 2, 3, 4, 5, Parcels B, C, D and a portion of Parcel A, from C-1 zoning to C-2 zoning, Case Number Z94-13. Minutes of the Regular Session of the Town Council 08/04//94 Page 3 of 7, Current Planner Jeff Valder presented the case to the Council. He stated that the Planning &Zoning Commission had initiated this change of zoning to enable existing non-conforming uses of these parcels to be compatible with the base Zoning District. After a public hearing, the Planning Commission recommended that the Town Council rezone only a portion of the area under consideration by allowing Blocks 2, 3 and Parcels C and D to remain C-1 zoning. This area would include parcels north of Sioux Drive. The Commission believes these parcels should remain C-1 because there were no non-conforming uses in this area. Mr. Valder explained that it was the staff's recommendation to rezone the entire area under consideration to C-2 zoning. Two separate ordinances were prepared indicating each recommendation, one from the Planning Commission and one from staff. Vice Mayor Wallare Hudson asked whether there was any opposition at the public hearing of the Planning Commission. He also asked who owned the property north of Sioux Drive. Mr.Valder informed the Council that there was no opposition at the public hearing--no one spoke at that time. He went on to identify that the property north of Sioux Drive was being partially used as a medical center and the remainder of this area was owned by MCO Properties. Mayor Cutillo asked for any comments from the public. There being none, Mayor Cutillo declared the public hearing closed at 6:53 P.M. and re-opened the Regular Session of the Town Council. AGENDA ITEM#13-CONSIDERATION OF ORDINANCE 94-16,APPROVING A REZONING OF A 17.90 +/-ACRE AREA,AKA PLAT 302,BLOCKS 2,3,4,5,PARCELS B,C,D AND A PORTION OF PARCEL A, FROM "C-1" TO "C-2", CASE NUMBER Z94-13. Councilwoman Tibbits asked Mr.Valder if the proposed school site property would remain in the C-1 Zoning District if the zoning was changed to C-2. Mr. Valder answered in the affirmative. Councilman Clark asked about the type of zoning required for a medical center. Mr.Valder explained that a medical center would be an acceptable use in either a C-1,C-2 or C-3 zoning district. He further stated that if the proposed school site was used, a C-1 zoning would be more desirable for the property north of Sioux Drive. He did not consider the area south of Sioux Drive as "spot zoning" taking into consideration the large amount of area to be included. Gregg Bielli,Vice President of MCO Properties,spoke regarding the change of zoning in Block 3 owned by MCO. He stated that he would be in favor of a change of zoning to C-2 on this property. Councilman Clark asked if all of Plat 302 was zoned C-1 and Mr. Valder answered that it was zoned C-1 with an exception of a small piece of land located in the wash. Councilwoman Tibbits asked how the proposed mortuary site would fit into this zoning. Mr. Valder explained that a public hearing was previously held for a special use in the C-1 district. A mortuary would not be a special use in a C-2 zoned district. Paul Messinger, Messinger Mortuary of Scottsdale, then spoke in favor of the C-2 zoning. He stated that he had, at significant cost, revised his plans to conform to the C-1 zoning height limitations and anticipates re-submitting his plans this fall. He feels his use would be in conformance to C-2 zoning due to the fact that C-2 zoning is intended to have benefits to serve the whole community. Minutes of the Regular Session of the Town Council 08/04//94 Page 4 of 7 Councilman Clark MOVED to accept the recommendation of the Planning & Zoning Commission to change the zoning of Blocks 4 and 5,Parcel"B"and a portion of Parcel"A"of Fountain Hills Final Plat Number 302 from"C- 1" to "C-2", Intermediate Commercial Zoning District. Councilman Hudson SECONDED the motion which CARRIED unanimously. AGENDA ITEM#14 - PUBLIC HEARING ON ORDINANCE 94-17, AMENDING CHAPTER 6 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS INCREASING THE MAXIMUM SIZE OF MENU BOARDS FOR DRIVE THRU RESTAURANTS FROM 12 SQUARE FEET TO 20 SQUARE FEET. Mayor Cutillo declared a recess to the Regular Session at 7:11 P.M. and opened the public hearing on Ordinance 94-17, amending Chapter 6 of the Zoning Ordinance. No one came forward to speak for or against and Mayor Cutillo closed the public hearing at 7:12 P.M.,re-opening the Regular Session of the Town Council. AGENDA ITEM #15 - CONSIDERATION OF ORDINANCE 94.17, AMENDING CHAPTER 6 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS INCREASING THE MAXIMUM SIZE OF MENU BOARDS FOR DRIVE THRU RESTAURANTS FROM 12 SQUARE FEET TO 20 SQUARE FEET. Councilman Clark asked where the provision for "walk-up" service menu boards was covered in the ordinances. Director of Community Development Gary Jeppson commented that"walk-up" services at food establishments had all but been eliminated and that drive thru restaurants were more common. He explained that menu boards were restricted under the sign code for commercial districts. Mayor Cutillo MOVED to accept Ordinance 94-17 as presented,increasing the maximum size of menu boards from 12 square feet to 20 square feet for drive thru restaurants. Council O'Brien SECONDED the motion which CARRIED unanimously. AGENDA ITEM #16 - CONSIDERATION OF DIRECTING STAFF TO DRAFT AN ORDINANCE REQUIRING DUMPSTER REGULATIONS FOR EXISTING BUSINESSES IN MULTI-FAMILY DEVELOPMENTS OVER FOUR UNITS. Director of Community Development Gary Jeppson gave a slide presentation showing the undesirable locations of dumpsters,parking spaces blocked by dumpsters in parking lots,and the accumulation of debris by dumpsters. He stated that dumpster locations needed to be accessible to garbage carriers and that unimproved and blocked alleyways were a detriment. Toxic dumping problems such as grease barrels were also addressed. Councilman O'Brien expressed his desire of having input from the business community in an effort to establish guidelines and/or ordinances to govern dumpster problems. Vice Mayor Hudson stated that paving the alleys would be the first step to clearing up dumpster problems in the alleyways. A special assessment program might be a solution. Councilman Clark also expressed his concerns that the Town should take a strong,positive attitude regarding the image that the Town projects. Minutes of the Regular Session of the Town Council 08/04//94 Page 5 of 7 Robert Ryan,a local businessman, spoke to the Council. It was his opinion that the business people of the Town of Fountain Hills should regulate their own clean-up activities, not the Town. Mary Pilinaros stated that the community should have public input into any dumpster guidelines. Mayor Cutillo referred this matter for future discussion. AGENDA ITEM #17 - CONSIDERATION OF AN OUTSIDE PLAN CHECK PROPOSAL FROM BSI SERVICES TO DO COMMERCIAL BUILDING PLAN CHECKING. Town Manager Paul Nordin presented information on the hiring a firm for commercial building plan checking services. Councilman O'Brien was concerned that BSI's experience appeared to be outside the State of Arizona. Town Manager Nordin said he felt this would not be a problem. Mayor Cutillo expressed his concern about the lack of continuity when outside services were used. Numerous plan checkers on the same project could have different opinions which would be hard to control. Gary Jeppson told the Council that checking commercial plans for larger buildings was more difficult and required another level of expertise. He said no residential plans would be checked by this service. Councilman Clark asked if this was the only proposal received. Mr.Jeppson stated that staff had recommended the BSI firm. Councilman O'Brien MOVED to approve to contract BSI Services for commercial building plan checking. Motion SECONDED by Councilman O'Brien and CARRIED unanimously. AGENDA ITEM#18 -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. AGENDA ITEM#19 - ADJOURNMENT. Councilman Tibbitts MOVED to adjourn and Councilman O'Brien SECONDED the motion which CARRIED unanimously. The Town Council adjourned at approximately 7:48 P.M. Minutes of the Regular Session of the Town Council 08/04//94 Nary Page 6 of 7, TOWN OF FOUNTAIN HILLS 4111) f ' By: John M. C yor 0ATTEST: 6 . 4...AA..., Cassie B. Hansen, Town Clerk PREPARED BY: • ` . ,> -.— Linda D. Lemmen, Administrative Assistant CER 11FICATION 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 4th day of August, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of August, 1994. *4411) 0)4,uct 416tA&.1, Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 08/04//94 Page 7 of 7,