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HomeMy WebLinkAbout1996.0215.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 15, 1996 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 P.M., Thursday, February 15, 1996, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building B, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Pastor Steve Gilbertson of Fountain Hills Community Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Don Lawrence, Frank Clark, Wally Hudson, Bill O'Brien and Marianne Wiggishoff. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Community Development Gary Jeppson and Town Clerk Cassie Hansen. Agenda Items #9 and#10 were removed from the Consent Agenda for further discussion. Mayor Cutillo read the remainder of the Consent Agenda which included the following agenda items: AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF FEBRUARY 1, 1996. AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1996-11,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE NORTH PROPERTY LINE OF LOT 14, BLOCK 1, PLAT 601A (15910 E. SUNFLOWER), AS RECORDED IN BOOK 161 OF MAPS, PAGE 44, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#4 CONSIDERATION OF A STREET NAME CHANGE,IN PLAT 516,CHANGING THE NAME OF A CUL-DE-SAC FROM MARATHON CIRCLE TO PALO VERDE LANE. AGENDA ITEM #5 - CONSIDERATION OF THE FINAL PLAT FOR A PROPOSED EIGHT (8) UNIT CONDOMINIUM PROJECT KNOWN AS ARROWHEAD CASITAS, WHICH IS LOCATED ON THE NORTH SIDE OF ARROW DRIVE EAST OF FOUNTAIN HILLS BLVD.; CASE #S96-004. AGENDA ITEM #6 - CONSIDERATION OF THE FINAL PLAT FOR A PROPOSED TWO (2) UNIT CONDOMINIUM PROJECT KNOWN AS CHAMA CONDOMINIUMS, WHICH IS LOCATED ON THE SOUTH SIDE OF CHAMA DRIVE EAST OF FOUNTAIN HILLS BLVD.; CASE #S96-005. AGENDA ITEM#7- CONSIDERATION OF THE FINAL PLAT FOR A PROPOSED TWO (2)LOT JOIN FOR THE TOWN OF FOUNTAIN HILLS STREET DEPARTMENT, WHICH IS LOCATED ON THE SOUTH SIDE OF FALCON DRIVE WEST OF TOWER DRIVE; CASE #S96-006. AGENDA ITEM #8 - CONSIDERATION OF CHANGE ORDER REQUEST #2 IN THE AMOUNT OF $11,199 TO SIGMA CONTRACTING,INC.FOR ADDITIONAL WORK ON THE GOLDEN EAGLE PARK CONTROL BUILDING. AGENDA ITEM#11 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY Minutes of the Regular Session of the Town Council 02/15/96 Page 1 of 7 WALID MOUSSA FOR THE FOUNTAIN HILLS EXPRESS/CONVENIENCE STORE LOCATED AT 11829 SAGUARO BOULEVARD. THE APPLICATION REFLECTS A CHANGE FROM THE CURRENT CLASS 9 (BEER, WINE AND LIQUOR) TO A NEW CLASS 10 (BEER AND WINE ONLY). AGENDA ITEM #12 - CONSIDERATION OF THE APPLICATION FOR EXTENSION OF PREMISE/PATIO PERMIT SUBMITTED BY STEVEN A. COMMO FOR THE FOUNTAIN BOWL LOCATED AT 16737 E. PARKVIEW AVE. MR. COMMO IS REQUESTING TO TEMPORARILY EXTEND HIS LIQUOR LICENSE TO A FENCED IN AREA ADJACENT TO THE BOWLING ALLEY DURING THE OPERATING HOURS OF THE GREAT FAIR, FEBRUARY 23, 24 AND 25. Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read less agenda items #9 and #10. Vice Mayor Tibbetts SECONDED the motion. A roll call vote was taken with the following results: Councilman Lawrence Aye Councilwoman Wiggishoff Aye Councilman Clark Aye Councilman Hudson Aye Councilman O'Brien Aye Vice Mayor Tibbetts Aye Mayor Cutillo Aye The motion CARRIED unanimously. AGENDA ITEM #9 - CONSIDERATION OF CHANGE ORDER REQUEST #2 IN THE AMOUNT OF $9,187 TO SELLERS AND SONS,INC.FOR LIGHTS AT THE BASKETBALL COURTS AT FOUR PEAKS ATHLETIC FIELDS. Councilwoman Wiggishoff asked specifications be made in the IGA between the school district and the Town that the lighting would be provided for identified basketball courts. Town Manager Nordin said he would prepare an amendment to specify the lighting would be for basketball courts and the Town would be entitled to exclusive use of the facility after dusk. Councilwoman Wiggishoff pointed out that maintenance of the basketball courts such as sweeping, etc. would be the responsibility of the school district. Mr. Nordin concurred. Councilwoman Wiggishoff MOVED to approve Change Order Request #2 for the project at Four Peaks School. Councilman Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM #10 - CONSIDERATION OF GRANTING COUNCIL AUTHORIZATION TO SEND A LETTER TO THE STATE LAND DEPARTMENT REQUESTING A DELAY OF THE AUCTION SALE OF THE TWO PARCELS OF STATE LAND LOCATED DIRECTLY NORTH OF FOUNTAIN HILLS. Councilwoman Wiggishoff said she was pleased this letter requested a delay of the auction sale. Mr. Nordin said the McDowell Park Preservation Commission was trying to include the two parcels into the Governor's Preserve Initiative Program for future open space preservation. Mayor Cutillo stated the task was a difficult one but successful efforts in preservation rather than developed land would be worthwhile. Councilwoman Wiggishoff MOVED to authorize the letter be sent to the State Land Department. Vice Mayor Tibbetts SECONDED the motion. Minutes of the Regular Session of the Town Council 02/15/96 Page 2 of 7 Jack Fraser. Chairman of the McDowell Park Preservation Commission, stated there was presently a bill in the Legislature that would authorize the State Land Commissioner to withhold parcels of state trust land for preservation. He further pointed out that the Maricopa County Park Commission had sent a letter requesting a delay as well as the Fort McDowell Indian Community would soon be approving a similar letter. Mayor Cutillo urged citizens to write their representatives with their opinions. The motion CARRIED unanimously. AGENDA ITEM #13 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Magistrate Shoob presented the January report which included 35 cases filed, 440 terminated and 103 hearings and trials during the month. He referred to graphic illustrations included in his report regarding total filings versus total terminations and resultant revenues and outstanding fines. Vice Mayor Tibbetts thanked Magistrate Shoob for information included on his charts. AGENDA ITEM #14 - CONSIDERATION OF ORDINANCE 96-04, AMENDING THE TOWN CODE CHAPTER 9 "PARKS AND RECREATION" BY ADDING ARTICLE 9-3, "WATERCOURSE PRESERVATION AND HABITAT ORDINANCE" CONSISTING OF SECTION 9-3-1 "PURPOSE AND INTENT";SECTION 9-3-2"DEFINITIONS";SECTION 9-3-3"DEVELOPMENT OF WASHES";SECTION 9-3-4 "VOTER APPROVAL OF DEVELOPMENT"; SECTION 9-3-5 "RESTRICTIONS ON TRANSFER OR ALIENATION"; SECTION 9-3-6 "MODIFICATION, AMENDMENT OR APPEAL"; AND SECTION 9-3-7 "SEVERABILITY". Mayor Cutillo opened discussion concerning Ordinance 96-04 because a motion to approve had been made and seconded at the Council meeting of February 1, 1996. He then read a statement which suggested adopting the ordinance and establishing a task force. Town Manager Nordin reviewed a map which exhibited wash areas that were proposed to be assumed by the Town as well as the trails and sewer lines currently existing in those washes. He reported a favorable Phase I Environmental Study had been completed. Councilman Hudson said he would not vote for an ordinance which the Town Attorney would not approve as to the legality of its contents. Councilwoman Wiggishoff stated the Council should try to understand what the signers of the wash initiative petitions desired and said by adopting Ordinance 96-04 as presented, a message would be sent to the citizens that the Town was willing to listen to the voice of the people as a starting point in future discussions. Councilman Clark said he believed the petitioners wanted to prevent development in the washes by adopting this ordinance and that he also questioned the legality of the contents of the ordinance. Councilman O'Brien also shared this opinion and said he thought some of the definitions were not specific enough making interpretations difficult. He predicted the ordinance would be approved if put to a vote at the General Election. John Kavanagh posed legal questions for Council consideration. He asked whether the ordinance could be broadly interpreted to include private property within the washes. He also asked if the petitions met all legal qualifications to be included on the ballot. Mr. Farrell responded by saying that the wash initiative petitions had legally complied with all stipulations and if the ordinance was approved by the voters, projects would need to be approved by voters. He further responded that the proposed language in the ordinance did not seem to limit itself only to Town-owned lands, although the petitioners had indicated they were focusing on non-development of town-owned wash areas. Building permits for privately-owned land which included wash areas would be a matter of interpretation. He further Minutes of the Regular Session of the Town Council 02/15/96 Page 3 of 7 stated the court system was clear and they would not consider the legality of a proposed initiative until the electors had voted on it. LCouncilwoman Wiggishoff summarized she thought the petitioners either desired the washes to be kept in their natural state, to prevent paving of washes similar to projects in Scottsdale and/or to be involved with the determination of all future development involving wash areas by invoking the democratic voting process on each issue. Town Attorney Farrell stated if the Council passed Ordinance 96-04 which was identical to the proposed ordinance included in the initiative, the Council could amendment it at a later date. He also stated the issue would not be placed on the General Election ballot in May. Mayor Cutillo indicated his approval of the adoption of the Ordinance and the establishment of a committee to study and hold public hearings to make compatible changes. Vice Mayor Tibbetts referred to documentation of all Council actions concerning the washes that she had asked Mr. Nordin to prepare. She said the actions of the Council were not questioned until the time when the Town was considering ownership of the washes. Also, she pointed out a cooperative task force was in the process of being established when the initiative action commenced. She asked everyone to understand that the goals of the Council and the signers of the petitioners were basically the same; i.e., the natural setting of the community should be preserved. Susan Ralphe, Chairman of the Committee to Preserve the Environment, pointed out that the ordinance offered by the Committee was prepared by a Phoenix attorney who was experienced with initiative actions. She said his legal opinions largely differed with opinions given by the Town Attorney. She said if the Council passed the ordinance and agreed to amend it in the future, she viewed this as a matter of bad government and an action against the 2700 signers of the petitions. She suggested the Council adopt the ordinance as presented and also to include it on the May ballot as a referendum issue. Councilman Lawrence asked for clarification if the ordinance was passed would future phases of Golden Eagle Park need to be approved by the voters or could it be circumvented. He also asked if there was a grandfathered clause to be considered. Town Attorney Farrell said there was no grandfathered provision in the drafted ordinance. He further stated voters would become involved in the approval of projects involving wash areas. Mary Pilarinos asked the Council to compromise with the wishes of the petitioners to preserve the washes in their natural state. A vote on the motion FAILED. A roll call vote was taken which indicated a 4-3 vote,Vice Mayor Tibbetts, Mayor Cutillo and Councilwoman Wiggishoff cast the aye votes. AGENDA ITEM #15 - PRESENTATION AND UPDATE BY LORAS RAUCH ON THE WILDLIFE HABITAT STUDY. Mrs. Loras Rauch told the Council that forty high school Technology and Auto-Cad class members had participated by digitizing the information. She said this study sponsored by a Heritage Grant through the Arizona Game & Fish Association was a vegetation study not a wildlife count. Dr. Robert Ohmart of the Arizona State University Center for Environmental Studies was the consultant for the project and had type-mapped the community and defined the plant types. She stated 1991 aerial maps had been acquired and comparisons would be made to determine the habitat changes and density of plants. She said the consultant had indicated that Fountain Hills had some of the best cottonwood-willow association type habitat in the State of Arizona. The final report had not yet been completed but would serve as a long-range planning tool for future development policies. Minutes of the Regular Session of the Town Council 02/15/96 Page 4 of 7 Roy Porterfield said the Sanitary District should be prevented from dumping poisonous materials into the Ashbrook Wash as it most certainly would damage the cottonwood vegetation. Mary Pilarinos asked for clarification. She wanted to know if there was more than one study. Mrs. Rauch said the 1991 aerial maps were used as a database to begin the study. Ms. Pilarinos also asked who would use the results of the study. Mayor Cutillo stated it was public information and available to any group. John Kavanagh asked if the 1991 aerial maps showed wildlife populations. Mrs. Rauch said it only indicated vegetation but the study would help determine what wildlife the habitat could support. AGENDA ITEM #16 - CONSIDERATION OF ADOPTING THE CAPITAL IMPROVEMENT PLAN AS REVIEWED BY THE COUNCIL AT THE SEPTEMBER RETREAT. Town Manager Paul Nordin asked the Council to approve the Capital Improvement Plan as discussed in the September retreat sessions in order to qualify for receipt of a $10,000 grant from the Arizona Department of Commerce. Vice Mayor Tibbetts MOVED to approve the Capital Improvement Plan as outlined. Councilman Frank Clark SECONDED the motion. Mayor Cutillo offered the public an opportunity to discuss the Capital Improvement Plan. No one from the audience commented on the CIP. A vote on the motion CARRIED unanimously. AGENDA ITEM #17 - DISCUSSION, WITH POSSIBLE DIRECTION TO STAFF, ON THE PROPOSED OFF-PREMISE SIGN ORDINANCE. Town Attorney Farrell started the discussion with a review of a 1995 request for median signs between the traffic lanes of Shea Boulevard. He stated the current ordinance does not allow permanent median signs although the Council had indicated a desire to allow them. A drafting of standards such as style, design or color for median and right-of-way signage was commenced but Council input was needed for interpretation purposes. Also the issues of ownership, maintenance, content, and location of the signs was to be determined. Mayor Cutillo said he thought the Council had indicated their approval for outside ownership and maintenance of the signs but that the Town be allowed to place directional, informational signs for facilities. A long period of discussion continued with no conclusive consensus. Vice Mayor Tibbetts suggested two separate divisions be regulated, one for the Town's directional signs and one for the private signs permitted by special use permit decided on a case-by-case basis. Mr. Jeppson stated he recognized the Council's concerns towards off-premise private signs and said he had studied other communities' sign ordinances. Mr. Farrell suggested cost estimates and specific regulations be prepared for the next Council meeting. AGENDA ITEM #18 - PRESENTATION BY PAUL NORDIN ON THE REVISED DOWNTOWN PLAN INCLUDING THE RE-LOCATION OF THE TOWN'S FIFTEEN ACRE CIVIC CENTER SITE. Town Manager Nordin referred to a map which displayed the location of the Town's fifteen acre site. He said many discussions had taken place to secure another location for the civic center complex that would better suit the purposes of the Town. At the September 1995 retreat sessions, appropriations were provided in the 95-96 budget for an initial construction fund ($300,000) and planning expenses ($30,000) for the civic center complex. He said he had formulated a tentative plan to enable the community to begin participation in the planning aspects. He indicated he had included Fountain Park as part of this program because he felt the Town would soon take ownership of the fountain and park and that preservation of these landmarks were important to the community. He showed slides and Ler Minutes of the Regular Session of the Town Council 02/15/96 Page 5 of 7 illustrations of formerly-proposed civic center sites that had been considered. He referred to the present proposal for the civic center site which would be at LaMontana and Avenue of the Fountains. He said the architect had flhory designed a plan to provide two front door approaches so that the public would not get the feeling that they were looking at a rear door of the community center if they drove on LaMontana. He displayed proposed landscape plans for the entire 80-acre downtown plan. He said the landscape part of the project could be financed through a special community facility district or an improvement district but the community center costs would be borne by the taxpayers. Additional financing efforts could be available through private donations,general obligation bonds.and/or municipal property corporation bonds. Mayor Cutillo said he was disappointed more citizens were not in attendance at this meeting and suggested perhaps a Saturday presentation would provide information to those who could not attend an evening meeting. Mr. Nordin said the cost-sharing approach for landscape plans had been a desirable factor when he met with owners of the 208 Property Owners Association. Jerry Kirkendoll suggested the median not be made wider on the Avenue of the Fountains and that the parking remain as it is. He thought parallel parking would be a problem. He also proposed not closing off Avenue of the Fountains but provide a walkway through the area. He suggested there could be too much commercial property provided for on the southern area of the parcel and that it might be better used for apartments, housing, etc. Richard Templeman, President of the Board of Director of the Fountain Hills Chamber of Commerce, told the Council that the Board voted complete support of the plan and offered active involvement from the Board as planning efforts would be continued. Arnold Von Ruitenbeck expressed his anxiety over the proposed plans and said he preferred the location of Verde River and Avenue of the Fountains. He said he preferred pedestrian walkways and the use of Fountain Park for a active shopping center. He preferred the Town Hall and Marshal's Department remain at their present locations. John Welsh said he thought the former plans which included building destruction might have scared citizens from attending and expressing their opinions. He suggested the newly proposed plan be promoted. 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.) John Welsh suggested the Council refrain from permitting excessive signage in the Town and not allow private signs of any type. Arnold Von Ruitenbeck suggested a street map be placed along with a welcome sign at the entrance to the Town. AGENDA ITEM #20 - ADJOURNMENT. Councilman Hudson MOVED to adjourn the meeting. Councilman Lawrence SECONDED the motion which CARRIED unanimously. The meeting adjourned at 9:25 P.M. Lov Minutes of the Regular Session of the Town Council 02/15/96 Page 6 of 7 TOWN OF FOUNTAIN HILLS By: • **10/ John . Cutillo, Mayor ATTEST: / tn/1 Cassie B. Hansen. Town Clerk PREPARED BY: D • Linda D. Lemm n, 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 15th day of February, 1996. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of March, 1996. 0,1k4/1-LA /4.)(fiA/t4 ) Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 02/15/96 Page 7 of 7