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HomeMy WebLinkAbout1994.0901.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 1, 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, September 1, 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,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,Planner Loras Rauch and Town Engineer Randy Harrel. Mayor Cutillo read the Consent Agenda as follows: AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF JUNE 27,JULY 14 AND AUGUST 15, 1994. AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE CONTRACT WITH WILDAN ASSOCIATES FOR ENGINEERING PLAN REVIEW SERVICES. AGENDA ITEM #4 - CONSIDERATION OF ORDINANCE 94-19, AMENDING THE TOWN CODE CHAPTER 2, MAYOR AND COUNCIL, ARTICLE 2-4, COUNCIL PROCEDURE, SECTION 2-4-11, POSTING NOTICES OF MEETINGS, BY CHANGING THE LOCATIONS FOR THE POSTING OF NOTICES; AND DECLARING AN EMERGENCY. AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1994-37,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND IN A PORTION OF THAT CERTAIN DRAINAGE EASEMENT AFFECTING ALONG THE EASTERN LOT LINE OF LOT 32,BLOCK 5,OF PLAT 505-A FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 158 OF MAPS, PAGE 40, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1994-38,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN PORTIONS OF THAT CERTAIN PUBLIC UTILITY EASEMENT AND IN THAT CERTAIN DRAINAGE EASEMENT AFFECTING ALONG THE NORTHERN LOT LINE OF LOT 6, BLOCK 4, OF PLAT 431 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 151 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1994-39, AMENDING THE PAY RESOLUTION FOR EMPLOYEES IN THE MUNICIPAL SERVICE OF THE TOWN OF FOUNTAIN HILLS. THIS RESOLUTION INCORPORATES NEW POSITIONS ADDED TO THE TOWN EMPLOY SINCE 1992. Minutes of the Regular & Executive Session of the Town Council 09/01/94 Page 1 of 7, AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 1994-40, AUTHORIZING INVESTMENT MONIES IN THE LOCAL GOVERNMENT INVESTMENT POOL. THIS RESOLUTION IS A ROUTINE RENEWAL OF THE TOWN'S AUTHORIZATION TO PARTICIPATE IN A LOCAL GOVERNMENT INVESTMENT POOL (LGIP), ESTABLISHED PURSUANT TO SECTION 35-326, ARIZONA REVISED STATUTES, AND OPERATED BY THE STATE TREASURER. AGENDA ITEM#9-CONSIDERATION OF RESOLUTION 1994-41,AUTHORIZING OFFICERS/AGENTS TO DEPOSIT,TRANSFER AND WITHDRAW MONIES IN THE LOCAL GOVERNMENT INVESTMENT POOL. THIS RESOLUTION AUTHORIZES SPECIFIC INDIVIDUALS WITHIN THE ORGANIZATION TO CONDUCT THE AFOREMENTIONED TRANSACTIONS. Councilman Lawrence MOVED to accept the Consent Agenda as read. Councilman Clark SECONDED the motion. A roll call vote was taken with the following results: Councilman Lawrence aye Councilwoman Tibbitts aye Councilwoman Wiggishoff aye Councilman Clark aye Councilman O'Brien aye Vice Mayor Hudson aye Mayor Cutillo aye AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE 94-20, AMENDING THE TOWN CODE CHAPTER 7 BUILDINGS AND BUILDING REGULATIONS,BY ADDING ARTICLE 7-8 PLANNING AND ENGINEERING FEE SCHEDULE,ESTABLISHING A FEE SCHEDULE FOR THE SERVICES PROVIDED BY THE COMMUNITY DEVELOPMENT AND ENGINEERING DEPARTMENTS. Town Engineer Randy Harrel reviewed the Planning and Engineering Fee Schedule which had two modifications, one was the fee for general plan and amendment fees and the other was water and sewer review fees. Councilman O'Brien asked about the justification of a$450 fee for residential variances. Gary Jeppson stated that a study comparing what other communities charge was used to determine this fee. The previous fee for residential variances was $75.00. Mayor Cutillo expressed concern about the increased amount being prohibitive. Councilwoman Wiggishoff read comparable fees from other communities and suggested a split proposed fee. Town Manager Paul Nordin suggested a multi-step increase in fees rather than one major increase. Councilman Clark asked if other fees would be lowered if the residential variance fee was lowered. He also asked if any of the other proposed fees were too low for cost recovery. Gary Jeppson stated that there was the same level of staff effort and cost of advertisement for all activities such as variances, special uses, etc. Vice Mayor Hudson MOVED to approve the Planning and Engineering Fee Schedule as presented. Councilman O'Brien SECONDED the motion which CARRIED unanimously. AGENDA ITEM#11 -CONSIDERATION OF ORDINANCE 94-21,AMENDING THE FOUNTAIN HILLS TOWN CODE CHAPTER 11 OFFENSES, SECTION 11-1-6 MINORS BY AMENDING SUBSECTION A. AND SUBSECTION C.3.0 THEREOF TO REVISE THE BEGINNING OF THE CURFEW TO 10:00 P.M. FOR MINORS AGED 17 TO 12 YEARS AND 1 DAY. Minutes of the Regular & Executive Session of the Town Council 09/01/94 Page2of7, Marshal Steve Gendler reported that 39 vandalism activities had occurred this summer. The newly formed Mayor's Task Force had proposed changes to the current curfew ordinance in an effort to curtail future vandalism. This ordinance was similar to a Phoenix ordinance which had successfully reduced juvenile vandalism by 35%. Marshal Gendler stated that only young people causing a disturbance or performing illegal activities after curfew hours would be affected by this ordinance. The Task Force had recommended a 10:00 P.M.curfew for Sunday through Thursday nights and 11:00 P.M. curfew for Friday and Saturday nights for all ages under 18. Town Attorney Bill Farrell further explained the proposed amendments to the existing ordinance. In Subsection C.3.c the same language was used as in the present Phoenix ordinance which was upheld in court proceedings as being constitutional. He explained that the minor's rights would not be violated if the minor's presence was accompanied by a reasonable,legitimate or business activity permitted by the parent,adult or guardian responsible for such minor. Councilman Clark asked Marshal Gendler about the recent arrest of two adults in connection with a large number of the vandalism incidents in the past three months. Marshal Gendler confirmed that these individual were believed to have been involved in 30 of the 39 incidents. Councilman Clark MOVED to return the proposed Ordinance 94- 21, amending the curfew back to the Task Force for review and re-submittal to the Council. Vice Mayor Hudson SECONDED the motion. Captain Jerry Sheridan,Maricopa County Sheriff's Department,encouraged the 10:00 P.M.curfew time in an effort to try to eliminate the criminal damage problems in the community. Additional block watch programs also would be developed in the future. He said police officers would be able to take action against large groups of minors who congregate in parking lots and desert areas after curfew,adding that they were the ones that caused the problems. Citizens speaking against the curfew amendment change were: Ken Wharton, Ginny Chin, Kim Schumann,Nick Stasik,John Zikopoulos,Bruce Hansen,Val Stasik,Patty Dilley,Debbie Duckro,Walt Dunne,Jennifer Golenz,Walt Franklin,Ester Finley and Rosemary Kristoff. The most common argument against the curfew change was they felt that the majority of youths would be penalized for the action of a few. Citizens speaking for the curfew amendment change were: Pam Nabers and Bob Murphy. Both citizens stated that '4011) the curfew was a positive step in handling present and future problems. After much discussion a vote on the motion was taken. The motion FAILED 4 nay votes to 3 aye votes,Mayor Cutillo and Council members Lawrence, Wiggishoff and Tibbitts casting the nay votes. Councilman Clark MOVED to deny proposed Ordinance 94-21. Vice Mayor Hudson SECONDED the motion which FAILED 4 nay votes to 3 aye votes,Mayor Cutillo and Councilmembers Lawrence,Wiggishoff and Tibbits casting the nay votes. Councilman Lawrence MOVED to accept Ordinance 94-21 with the following changes: Article ll-1,Section 11-1-6, first sentence (minors up to age 13 - 9:00 P.M. to 6:00 A.M. curfew) to remain with no change, second sentence to change the curfew times (13 years of age or older) to 11:00 P.M. to 5:30 A.M. for Sunday through Thursday evenings,and add(13 years of age or older)on Friday and Saturday evenings,curfew to be 12:00 A.M.to 5:30 A.M. Councilman Tibbitts SECONDED the motion which FAILED 4 nays to 3 ayes,Councilmen O'Brien,Clark,Vice Mayor Hudson and Mayor Cutillo cast the nay votes. Mayor Cutillo MOVED to accept Ordinance 94-21 as presented. For lack of a second the motion died. There were no further motions, hence, no action was taken on Ordinance 94-21. Minutes of the Regular & Executive Session of the Town Council 09/01/94 Page 3 of 7, AGENDA ITEM#12 - CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS SCHOOL DISTRICT FOR JOINT USE OF FACILITIES. Town Attorney Farrell stated that new language had been proposed to the existing four year old agreement to continue the joint use of school district and town facilities at no charge to either party. Councilman Clark MOVED approval of the Intergovernmental Agreement between the Town of Fountain Hills and the Fountain Hills School District. Councilwoman Tibbitts SECONDED the motion which CARRIED unanimously. AGENDA ITEM #13 - CONSIDERATION OF APPOINTING AN INDIVIDUAL TO THE PARKS AND RECREATION COMMISSION TO FILL THE VACANCY CREATED BY MIKE SCHARNOW'S RESIGNATION. Councilwoman Wiggishoff MOVED that Mr.Richard Lantz be appointed to the Parks and Recreation Commission, term ending January 31, 1996. Councilwoman Tibbitts SECONDED the motion which CARRIED unanimously. Councilmen O'Brien,Lawrence and Clark urged the other candidates to continue applying for future vacancies on the Parks and Recreation Commission and the Planning & Zoning Commission. AGENDA ITEM#14-CONSIDERATION OF THE APPEAL FROM SHEA HOMES OF THE PLANNING AND ZONING COMMISSION'S DENIAL OF THE PRELIMINARY PLAT OF CRYSTAL RIDGE. Loras Rauch outlined the appeal of Shea Homes for the preliminary plat proposal of Crystal Ridge, a 74 lot subdivision of single family residences. She explained that the current zoning, R1-10 RUPD, allowed for a 40% maximum lot coverage which permits for a 40% disturbance in the hillside area. The proposal from Shea Homes was for 38.9%disturbance to those slopes greater than 15%. The remaining 60%of the hillside areas,encompassed within Tract B & G, would be left undisturbed and covered by a Hillside Protection Easement per stipulation from staff. Ms. Rauch indicated on a map areas where the ten foot limitation for cut and fill would be exceeded. She stated that the primary reason the Planning & Zoning Commission denied the preliminary plat was the excessive amount of cut and fill necessary to develop the subdivision as designed. The staff had recommended approval of the preliminary plat with 13 stipulations. Vice Mayor Hudson questioned Item 9 of the Technical Review report concerning the number of lots on a cul de sac under 1000 feet. Ms.Rauch explained that 15 lots were preferred but that the developer had proposed 17 lots. Councilwoman Tibbitts asked for clarification of Stipulation #2 regarding the developer's requirement for future improvements to Fountain Hills Boulevard. Town Engineer, Randy Harrel, stated that the developer would be required to do one of three things;provide assistance of construction,contribute for,or construct the one-half street improvements. Councilwoman Wiggishoff expressed her disappointment that the applicant chose to modify the grading requirements rather than modify the design of the homes to conform to the existing slopes and terrain. She felt proposed layouts of subdivisions should be tailored to conform to the building site and established guidelines. Councilman O'Brien said that he felt the cut and fill waiver procedure was cumbersome but that the proposed cuts were not excessive. Minutes of the Regular & Executive Session of the Town Council 09/01/94 Page 4 of 7, Councilman Clark acknowledged that the cut and fill waivers were troublesome to interpret but appreciated the applicant's upgrading to the area by the rezoning to R1-10 RUPD from R-4 for this project. He felt that the applicant's project was a good project for that site. He believed that after the completion of the project, nothing would be visibly offensive. Councilman Lawrence said he approved the actions of the developer in a give-and-take effort to negotiate,in good faith, to reach an agreement. Mr. Kelly House, representative of Shea Homes, appeared before the Council to clarify questions. He said that during the last five months he had worked closely with staff to achieve agreeable concessions and was in agreement with the stipulations for preliminary plat approval. He admitted that the cut and fill situation was confusing. Mayor Cutillo MOVED to accept the preliminary plat of Crystal Ridge as presented with thirteen staff stipulations. Motion was SECONDED by Vice Mayor Hudson. Discussion from the public included Bob Thomas, Adele DiMasi, Ray Baldwin, Joe DiMasi and Leesa Fraverd. Their concerns were the design of homes to fit the existing desert terrain without excessive grading and the retention of desert plants. A vote was taken and the motion CARRIED 6 aye votes to 1 nay vote,Councilwoman Wiggishoff casting the nay vote. AGENDA ITEM#15 - CONSIDERATION OF THE SUNRIDGE CANYON LLC REQUEST FOR A CUT AND FILL WAIVER FOR THE SUNRIDGE CANYON GOLD COURSE. Randy Harrel stated that there would be no waiver in the hillside development area. The requested waiver would be for creating lakes for storage of effluent and grading slopes for aesthetic and maintenance purposes. He explained that the zoning ordinance had less stringent requirements for golf courses and allowed more flexibility in grading than in a subdivision. The allocation for hillside disturbance in the adopted Area Specific Plan was 29.3 acres but SunRidge Canyon LLC planned to disturb only 20.1 acres. Councilman Clark asked for clarification regarding the staffs addendum. Mr. Harrel explained that Exhibit B-4 required three additional lakes which used more than ten foot cuts and Exhibit B-5 included two shaded areas,one for a green and one for a fill area along Golden Eagle Boulevard to create a slope easier to maintain. Councilwoman Wiggishoff MOVED to approve the cut and fill waiver as presented. Councilman O'Brien SECONDED the motion which CARRIED unanimously. AGENDA ITEM #16 - CONSIDERATION OF SELECTING A COUNCILMEMBER TO SERVE AS A REPRESENTATIVE ON THE ARIZONA LEAGUE OF CITIES AND TOWNS EXECUTIVE COMMITTEE. Both Mayor Cutillo and Vice Mayor Hudson stated their interest in being the representative to the Arizona League of Cities and Towns Executive Committee. Because only one person could be nominated, a Council vote was necessary. Mayor Cutillo pointed out that there were 87 cities and towns in the State of Arizona, with only 22 positions available, 11 of which were replaced annually. Councilman Lawrence stated he had a great amount of respect for both Mayor Cutillo and Vice Mayor Hudson and that either one would do an excellent job in representing the Town. He said that he thought extra considertion might Minutes of the Regular & Executive Session of the Town Council 09/01/94 Page 5 of 7 be given to someone who had previously been on the committee but had not been chosen as a representative. kisto Councilman Lawrence MOVED to approve Mayor Cutillo as the representative to this Committee. Councilwoman Tibbitts SECONDED the motion. The motion CARRIED with 4 ayes and 3 abstaining votes. Aye votes included Councilwomen Tibbitts and Wiggishoff, Councilman Lawrence and Mayor Cutillo. AGENDA ITEM#17-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#18-PURSUANT TO A.R.S.38-431.03.A3.AND A.R.S.38-431.03.a.4,VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OF THE PUBLIC BODY; AND 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, RESPECTIVELY. Mayor Cutillo MOVED to go into Executive Session pursuant to A.R.S.statutes. Councilman O'Brien SECONDED the motion which CARRIED unanimously. Mayor Cutillo declared the Executive Session open at 9:35 P.M. The Regular Session reconvened at 10:34 P.M. L AGENDA ITEM#19 - ADJOURNMENT. Councilman Lawrence MOVED to adjourn the meeting. Councilman O'Brien SECONDED the motion which CARRIED unanimously. Meeting adjourned at 10:34 P.M. cry Minutes of the Regular & Executive Session of the Town Council 09/01/94 Page 6 of 7 TOWN OF FOUNTAIN HILLS By: afiZeici rYlo��.� -r Jo M. Cutillo, Mayor �J ATTEST: at -t_ si3 tAt . Cassie B. Hansen, Town Clerk PREPARED BY: 1,:_ -C 1 LA: ,u Linda D. Lemmen, Administrative Assistant CER 1'IHCATION 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 1st day of September, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of September, 1994. Cassie B. Hansen, Town Clerk Minutes of the Regular & Executive Session of the Town Council 09/01/94 Page 7 of 7 ,