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HomeMy WebLinkAbout1994.1117.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE Lie FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 17, 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, November 17, 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 Councilwoman Tibbetts,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 Peg Tibbetts,Frank Clark,and Marianne Wiggishoff. Councilmembers Lawrence& O'Brien arrived at 6:35 P.M. and 6:45 P.M. respectively. Also present were Town Manager Paul Nordin, Town Engineer Randy Harrel, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson and Planner Jeff Vaider. Mayor Cutillo welcomed Boy Scout Troop#245 to the meeting. Mayor Cutillo stated that the public hearing for rezoning of property for Four Peaks Vista was inadvertently omitted from the agenda by staff. This matter would be placed on the next meeting's agenda. AGENDA ITEM#2 -MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Illy Judge Shoob presented the Council with the monthly report for October, 1994. He reported that receivables had decreased during the month. Councilwoman Tibbetts MOVED to remove Agenda Item #4 from the Consent Agenda per Judge Shoob's request and continue the matter to the next Regular Session of the Town Council on December 1, 1994. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Mayor Cutillo read the remainder of the Consent Agenda which included the following: AGENDA ITEM#3-CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF NOVEMBER 1ST AND 3RD, 1994. AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1994-57,SUPPORTING ARIZONA GAME AND FISH, REGION VI,APPLICATION FOR AN INTERNAL ENHANCEMENT PROJECT TO FUND AN AERIAL SURVEY OF WILDLIFE HERDS AND WILDLIFE HABITAT IN THE MCDOWELL MOUNTAINS AND; URGING THE DIRECTOR OF THE ARIZONA GAME AND FISH DEPARTMENT TO APPROVE THE REGION VI PROPOSAL. AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1994-58, APPROVING THE ADOPTION OF THE ICMA RETIREMENT CORPORATION DEFERRED COMPENSATION PLAN; AND DECLARING AN EMERGENCY. Minutes of the Regular Session of the Town Council 11/17//94 Page 1 of 7, AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1994-59, ACCEPTING THE GIFT OF LAND AND BUILDINGS FROM THE KIWANIS CLUB OF FOUNTAIN HILLS, SUNSET, INC. AND AUTHORIZING THE MAYOR AND TOWN CLERK TO SIGN ANY AND ALL DOCUMENTS NECESSARY FOR THE ACCEPTANCE ,tui) THEREOF AND AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY FOR ESCROW FEES, TITLE INSURANCE AND RECORDING EXPENSES. Councilman Clark MOVED to approve the Consent Agenda as read. Vice Mayor Hudson SECONDED the motion. A roll call vote was taken with the following results: Councilman Lawrence aye Councilwoman Tibbetts aye Councilwoman Wiggishoff aye Councilman Clark aye Vice Mayor Hudson aye Mayor Cutillo aye Councilman O'Brien (Not present for vote) AGENDA ITEM #8 - CONSIDERATION OF AWARDING THE BIDS FOR PAVING GOLDEN EAGLE PARK- PHASE II AND THE COMMUNITY CENTER PARKING LOT, AND REPAVING SAGUARO WOODS. Town Engineer Randy Harrel stated three bids had been received and the low bidder was Markham Contracting Co.,Inc. in the amount of$505,663.00. The Engineer/Landscape Architect estimates were$382,624. This project included the paving of the parking lot (53 stalls) at the Community Center, an additional entrance to the lot and service road, lighting and landscape work. Saguaro Woods repaving work included curb replacement, repairs and asphalt overlay and road reconstruction. Golden Eagle Park work included a second softball field, fencing,rough grading,dugouts, granite,parking lot lighting,sidewalks,landscaping and a 50-car paved parking lot. He stated that the bids received were the lowest possible considering the current market. Vice Mayor Hudson MOVED to accept the bid of$505,663 from Markham Contracting Co., Inc. Councilman Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM#9 - PRESENTATION OF THE ANNUAL TOWN AUDIT BY CRAIG TRBOVICH. Mr.Trbovich stated the annual audit confirmed all fund balances were solid and the Town had continued to maintain strong fiscal management. He reviewed various Town funds and their balances with respect to his report. AGENDA ITEM#10 - CONSIDERATION OF ORDINANCE 94-27,AMENDING THE TOWN CODE CHAPTER 10, HEALTH AND SANITATION, SECTION 10-2-2, PUBLIC NUISANCES DEFINED BY ADDING A NEW PARAGRAPH "P" REGARDING FRONT YARD STORAGE OF CONSTRUCTION EQUIPMENT AND MATERIAL. Councilwoman Wiggishoff MOVED Agenda Item #10 be continued to the December 1st meeting. Councilman Lawrence SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 11/17//94 Page 2 of 7, AGENDA ITEM #11 - PUBLIC HEARING TO RECEIVE TESTIMONY ON A PROPOSAL TO REZONE 31.14 ACRES OF LAND (TRACTS A,B, C,D AND E OF THE PROPOSED PLAT 513 SUBDIVISION),FROM "R1-10" AND "R1-35" TO THE OPEN SPACE RECREATIONAL "OSR" ZONING DISTRICT AND REZONE THE Niro REMAINDER OF THE PROPOSED PLAT 513 SUBDIVISION (APPROXIMATELY 50.28 ACRES) FROM THE "R1-10", "R1-35" AND "R1-43" ZONING DISTRICTS TO A "R1-10 P.U.D." ZONING DISTRICT. THE AREA UNDER CONSIDERATION IS LOCATED WEST OF SUNRIDGE(MONTEZUMA)DRIVE,SOUTH OF CHOLULA WASH AND NORTH OF THE PROPOSED SUNRIDGE CANYON DEVELOPMENT, CASE NUMBER Z94-01. Mayor Cutillo called a recess to the Regular Session of the Town Council and opened the public hearing at 6:53 P.M. No one came forward to speak for or against the item. Mayor Cutillo declared the public hearing closed and reconvened the Regular Session of the Town Council at 6:54 P.M. AGENDA ITEM#12-CONSIDERATION OF ORDINANCE 94-25,APPROVING A PROPOSAL TO REZONE 31.14 ACRES OF LAND (TRACTS A,B, C,D AND E OF THE PROPOSED PLAT 513 SUBDIVISION),FROM "R1-10" AND "R1-35" TO THE OPEN SPACE RECREATIONAL "OSR" ZONING DISTRICT AND REZONE THE REMAINDER OF THE PROPOSED PLAT 513 SUBDIVISION (APPROXIMATELY 50.28 ACRES) FROM THE "R1-10", "R1-35" AND "R1-43" ZONING DISTRICTS TO A "R1-10 P.U.D." ZONING DISTRICT. THE AREA UNDER CONSIDERATION IS LOCATED WEST OF SUNRIDGE(MONTEZUMA)DRIVE,SOUTH OF CHOLULA WASH AND NORTH OF THE PROPOSED SUNRIDGE CANYON DEVELOPMENT, CASE NUMBER Z94-01. Planner Jeff Valder reviewed the rezone application from MCO Properties for a 65-lot subdivision that would combine Plats 507-D and 507-E which formerly contained 100 lots. Three flag lots would be permitted and the P.U.D. would allow 10' setbacks for lots with rear yards abutting the open space area,Tracts A through E. Staff recommended approval of the rezone as outcroppings of rock formations would be protected under a "R1-10 P.U.D." zoning. Mayor Cutillo MOVED to approve Ordinance 94-25 as presented. Councilman O'Brien SECONDED the motion. cor Councilwoman Wiggishoff questioned the width of Tract"C". Mr.Valder stated that Tract"C"was a drainage easement 50' in width. The motion CARRIED unanimously. AGENDA ITEM#13 - CONSIDERATION OF RESOLUTION 1994-54, PURSUANT TO A.R.S. 28-1901 ET. SEQ. ABANDONING TO THE ADJACENT PROPERTY OWNER ALL RIGHT, TITLE OR INTEREST IN CERTAIN PORTIONS OF PUBLIC RIGHTS-OF-WAY LOCATED WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 507- D AS RECORDED IN BOOK 165, PAGE 42 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER AND WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 507-E AS RECORDED IN BOOK 165, PAGE 43 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE. Mayor Cutillo MOVED to approve Resolution 1994-54. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM#14- CONSIDERATION OF THE FINAL PLAT FOR THE PLAT 513 SUBDIVISION,A SIXTY- FIVE LOT,81.42-ACRE SUBDIVISION,LOCATED WEST OF SUNRIDGE(MONTEZUMA)DRIVE,SOUTH OF CHOLULA WASH AND NORTH OF THE PROPOSED SUNRIDGE CANYON DEVELOPMENT,CASE NUMBER S94-01. Minutes of the Regular Session of the Town Council 11/17//94 Page 3 of 7, Mr. Valder stated that MCO Properties had added a slope and easement for a road on the final plat for potential access to loop the Eagles Nest subdivision area to Sunridge Canyon Road. This would enable MCO Properties to inform future property owners of the roadway easement. Staff requested that a stipulation remain on the final plat to insure an 80' width ,41) on all lots on a cul de sac. Mayor Cutillo MOVED to approve the final plat for Plat 513. Councilman Clark SECONDED the motion which CARRIED unanimously. AGENDA ITEM#15 - PUBLIC HEARING TO RECEIVE TESTIMONY ON A PROPOSAL TO REZONE 838+/- ACRES OF LAND (TRACT "A" OF THE PLAT 515 SUBDIVISION), FROM "R1-35" AND "R1-10" TO THE "OSR" (OPEN SPACE RECREATIONAL ZONING DISTRICT. THE AREA UNDER CONSIDERATION IS LOCATED ALONG BRISTOL WASH, SOUTH OF GOLDEN EAGLE BOULEVARD AND WEST OF MONTEZUMA BOULEVARD. Mayor Cutillo called a recess to the Regular Session of the Town Council and opened the public hearing at 7:03 P.M. No one came forward to speak for or against the item. Mayor Cutillo declared the public hearing closed and reconvened the Regular Session of the Town Council at 7:04 P.M. AGENDA ITEM#16-CONSIDERATION OF ORDINANCE 94-47,AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE 8.38+/- ACRES OF LAND (TRACT "A" OF THE PLAT 515 SUBDIVISION), FROM "R1-35" AND "R1-10" TO THE "OSR" (OPEN SPACE RECREATIONAL ZONING DISTRICT. THE AREA UNDER CONSIDERATION IS LOCATED ALONG BRISTOL WASH, SOUTH OF GOLDEN EAGLE BOULEVARD AND WEST OF MONTEZUMA BOULEVARD. Mr. Valder stated that the rezone of Tract"A" was a stipulation attached to the final plat(previously approved)for Plat 515 and recommended its approval. Vice Mayor Hudson MOVED to approve Ordinance 94-47 as presented. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. Mayor Cutillo stated that he desired the presentation for the Town Center prior to the report from Mr.Nordin regarding the sales tax issue. Agenda Items#17 and#18 were reversed. AGENDA ITEM #18 - PRESENTATION/UPDATE ON THE TOWN CENTER PLAN BY COMMUNITY DEVELOPMENT DIRECTOR GARY JEPPSON AND MCO VICE PRESIDENT TIM TERRILL. Gary Jeppson presented information to the Council about the proposal for a Town Center. Currently there was approximately 400,000 square feet of retail space available with only 300,000 square feet being used. He stated that 1994 was expected to be the largest growth year for building permits. Projections for the development of a Town Center would include civic, recreational,retail and multi-family uses. He stated that a cinema and museum/gift shop would not be economically justified for a town the size of Fountain Hills. A resolution to the problem of an overabundance of commercially zoned land would be to rezone the property to multi-family. Also, a larger population base would have close access to the downtown commercial area. Elderly housing developments needed to be close to services in the downtown area. Visitor accommodations would include a hotel or time share usage also located in the downtown area. Four area layouts were presented--Main Street,Lakeside, Town Square and Village Green. Minutes of the Regular Session of the Town Council 11/17//94 Page 4 of 7, Mayor Cutillo was concerned about the monetary costs to initiate the plan and questioned how it would be funded,and the affect it would have on the Town. (lbr Councilman O'Brien stated his interest in connection with the relocation of existing businesses on Saguaro in an effort to encourage and assist them in becoming part of the downtown area. Tim Terrill stated that money amounts had started to be formulated with estimated costs for facilities,the layout of financing and the consideration of alternatives for financing. He stated public funding would be used solely for Town purposes and any commercial or residential development would be funded separately. He said that by locating all commercial zoning in one area would be beneficial in encouraging new businesses as well as the relocation of existing businesses to the downtown section. Councilwoman Tibbetts, Clark and Lawrence favored most of the "Lakeside" plan because it wouldn't disrupt existing businesses on the Avenue of the Fountains. The placement of the Civic Center west of Saguaro Boulevard and south of the Avenue of the Fountains would enable the Town to proceed as soon as funding was available as this area was presently undeveloped. Greg Bielli, Vice President of MCO, said that in the development of the downtown civic center a second attraction for Fountain Hills was needed and would give visitors additional activities to pursue as well as participate in the retail areas. He encouraged feedback from the Council for the formation of alternatives. Mr. Terrill stated consultants had recommended that because the anticipated population of Fountain Hills would not reach previous expectations that the amount of commercial areas would not be required and should be converted to multi family uses which would help to support retailers. He stated that this recommendation was common in all of the four plans and that there also would be a need for a third neighborhood grocery,drug and retail center. Mr.Jeppson stated that the next step would be movement through the Master Plan process, formulation of cost figures and other considerations to proceed with this project. fkliw John Kavanaugh was concerned about the high density uses and their effect on effluent, schools, law enforcement and recreational demands. Mayor Cutillo announced a recess to the meeting at 8:15 P.M. The meeting reconvened at 8:20 P.M. AGENDA ITEM#17-PRESENTATION ON THE PRELIMINARY SALES TAX REPORT BY TOWN MANAGER PAUL NORDIN. Town Manager Nordin presented information regarding the creation of a sales tax and the allocation of this additional revenue. He outlined the project descriptions with cost estimates which included road maintenance programs,civic center,downtown development,expanded park system,police department,aquatic center and property tax reduction. The Council would then determine which of the projects would be earmarked to receive sales tax funds if a sales tax was implemented,determine the rate of the sales tax and ascertain what commodities would be taxed. He assured the Council that the current basic levels of service provided by the Town could continue without the imposition of a sales tax because of sound fiscal balances presently maintained. Future projects would need expenditure considerations either supported by sales tax revenues or a five- year capital improvement plan funded by bonding programs. He wanted the Council to provide him with direction regarding a prioritized list of future projects and the methods of acquisition for necessary funds. Mr. Nordin suggested the possibility of a community-wide survey to determine the needs of the Town and whether the imposition of a sales tax would be favorable. Nor Minutes of the Regular Session of the Town Council 11/17//94 Page 5 of 7, Mary Pilarinos stated that a survey should be specific in the identification of future projects and made user-friendly in order to obtain anticipated responses. AGENDA ITEM #19 - 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. Vice Mayor Hudson announced that he was appointed Vice Chairman of the Human Services Coordinating Committee of MAG. He had also received a bulletin about the Emergency Food Assistance Program that stated food banks would be shut down early in 1995 due to funding decreases. He had received a mail-in card for the opposition to terminating the Luke Air Force Base facility in Tucson and would make copies available to interested persons. AGENDA ITEM#20 - ADJOURNMENT. Vice Mayor Hudson MOVED to adjourn the meeting. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. The meeting adjourned at 9:11 P.M. Minutes of the Regular Session of the Town Council 11/17//94 Page 6 of 7, 111111) TOWN OF FOUNTAIN HILLS By: _ Z-/� J . Cutillo, Mayor ATTEST: CIALAZA Cassie B. Hansen, Town Clerk PREPARED BY: Linda D. Lemme , Administrative 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 17th day of November, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of December, 1994. GiOALLL Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 11/17//94 Page 7 of 7,