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HomeMy WebLinkAbout1998.1001.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 1, 1998 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M., Thursday, October 1, 1998, 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 Father Tot O'Dea of the Ascension Catholic Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Al Poma and Councilmembers John Wyman, Sharon Hutcheson, Sid Apps, and Marianne Wiggishoff. Councilman Penfield Mower was absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town Engineer Randy Harrel, Interim Community Development Director Andrew McGuire,and Planners Jeff Valder and Geir Sverdrup. Before reading the Consent Agenda,Mayor Morgan stated Councilman Apps had requested to remove Item#3 from the Consent Agenda for separate discussion. She then read the remainder of the Consent Agenda, which consisted of the following agenda items. AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF SEPTEMBER 17T", 1998. AGENDA ITEM #2 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY 460, NOREEN KURDZIALEK FOR THE FOUNTAIN BOWL LOCATED AT 16737 EAST PARKVIEW AVENUE. THE APPLICATION IS A REQUEST TO TRANSFER THE EXISTING CLASS 6 LIQUOR LICENSE FROM CHARLES BATTAGLIA TO THE NEW OWNERS OF FOUNTAIN BOWL, NOREEN AND ALBERT KURDZIALEK. AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE FOUNTAIN HILLS FIRE DEPARTMENT FOR A PUBLIC SAFETY DAY SCHEDULED FOR SATURDAY,OCTOBER 10, 1998,FROM 10:00 A.M.TO 2:00 P.M. THE EVENT WILL TAKE PLACE IN FOUNTAIN PARK. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1998-51, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE WESTERLY LOT LINE OF PLAT 505B, BLOCK 1, LOT 65 (15832 PEACE PIPE PLACE), AS RECORDED IN BOOK 158 OF MAPS, PAGE 43 RECORDS OF MARICOPA COUNTY,ARIZONA. (MACFATE EA98-23). AGENDA ITEM#6 - CONSIDERATION OF RESOLUTION 1998-49, THE TOWN OF FOUNTAIN HILLS IMPLEMENTATION PLAN FOR THE MAG 1998 SERIOUS AREA PARTICULATE PLAN FOR PM-10. Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Apps SECONDED the motion. A roll call vote was taken with the following results: Councilman Apps Aye Councilman Wyman Aye Mayor Morgan Aye Vice Mayor Poma Aye Councilwoman Wiggishoff Aye Councilwoman Hutcheson Aye Town Council Regular Session 10/1/98 Page 1 of 7 The motion CARRIED. L AGENDA ITEM #3 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY KENT BRO FOR 4 SONS FOOD STORE LOCATED AT 13779 FOUNTAIN HILLS BOULEVARD. THE APPLICATION IS A REQUEST FOR A NEW LICENSE TO BE ISSUED UNDER THE NEW CORPORATE NAME,BRO RETAIL GROUP,INC. Councilman Apps questioned staff about having a church within 300' of the location of the food store. Town Attorney Farrell stated the liquor license preceded the construction of the church and would remain a valid license as long as it remained at the same location. Councilman Apps asked about the history of complaints concerning this location. Marshal Gendler replied that instances of youths congregating at this location had been reported to the Marshals Department and that bicycle patrols and officers had responded. He said the State Liquor Department had conducted an investigation, which indicated that the 4 Sons Food Store was in compliance at the time of the investigation. He assured the Council that if sustained complaints were received, a complaint would be filed with the Liquor Board. Councilman Apps MOVED to approve the liquor license application as submitted. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#7- CONSIDERATION OF APPOINTING FOUR CITIZENS TO THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION FOR TWO YEAR TERMS ENDING SEPTEMBER 30,2000. Councilwoman Hutcheson MOVED to re-appoint Ray Baldwin, Judy Dragiewicz, Leesa Fraverd and Bob Howes as members of the Planning and Zoning Commission for another term. Councilwoman Wiggishoff SECONDED the motion,which CARRIED unanimously. AGENDA ITEM#8 - PUBLIC HEARING ON THE ANNEXATION OF THE NORTHWEST CORNER OF SHEA BOULEVARD AND PALISADES BOULEVARD. Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 6:39 p.m. Town Attorney William Farrell stated the public hearing was required by state law to allow citizens an opportunity to address the Council prior to the time for the collection of signatures on the annexation petition. He said the 370±acres were located in two major parcels. One parcel was a single-family subdivision approved by the County and the other parcel, 56 acres in size at the corner of Palisades and Shea would be subject to a pre-annexation development agreement between the Town and the property owner, MCO Properties. He said the annexation ordinance and the pre-annexation agreement would be presented to the Council either the last meeting in November or the first meeting of December. There were no comments made by any member of the audience. No action was taken by the Council. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 6:41 p.m. AGENDA ITEM #9 - QUARTERLY REPORT BY TONY BASS OF IMAGINE RECOVERY RESOURCES ON THE SUBSTANCE ABUSE TREATMENT PROGRAM ESTABLISHED AT THE FOUNTAIN HILLS HIGH SCHOOL AND FUNDED BY THE TOWN FOR FY'98-99. Town Council Regular Session 10/1/98 Page 2 of 7 Marshal Gendler introduced Mr. Bass from Imagine Recovery Resources. Mr. Bass reviewed the proposal, which included three services to the Town. First, assessment of family members and adolescents believed to be chemically dependent has been started at a local church through appointments. Second, an adolescent support group was formed for Thursday afternoons for interactive discussions at the Methodist Church. Third, ten treatments were available for outpatient care at the North Scottsdale office for those not able to afford professional help. In the five weeks since the inception of the proposal, Mr. Bass said one parent and adolescent had participated in a treatment. He noted that Fort McDowell youth were now being included in the support group and that a volunteer group was starting up an "AA" support group for kids at the Catholic Church. AGENDA ITEM #10 - DISCUSSION, WITH POSSIBLE DIRECTION TO STAFF, OF CONDUCTING A CITIZEN SURVEY PRIOR TO THE PREPARATION OF THE 1999-2000 FISCAL YEAR BUDGET AS A PRIORITIZATION TOOL FOR THE COUNCIL AND STAFF. Mayor Morgan postponed discussion of this item due to the absence of Councilman Mower. AGENDA ITEM #11 - CONSIDERATION OF ACCEPTING THE PARKS AND RECREATION COMMISSION RECOMMENDATION REGARDING AN OFF-LEASH RECREATION FACILITY TO BE ESTABLISHED AT THE 302 PARK. Mr. Nordin stated an appropriation of $18,000 for the possible establishment of an off leash facility had been made during the budget hearings. Also, the Council requested the Parks &Recreation Commission to form a recommendation as to the location of the facility and to determine its size. He pointed out on a visual display of the Plat 302 the Park & Recreation Commission's recommendation where a three-acre area at the rear of the parcel could be suitable for an off leash facility. Councilwoman Wiggishoff MOVED to accept the Parks & Recreation Commission's recommendation. Councilman Wyman SECONDED the motion. Councilwoman Wiggishoff asked for a report of the process that the Commission had taken to form the recommendation. Al Lorenz, Chairperson of the Facilities Sub-Committee of the Parks & Recreation Commission, stated evaluations had been made, four public hearings had been held, and that the recommendation represented the Commission's intent to provide a recreational facility for dog owners at the Plat 302 Park location. Mr.Lorenz said the final details should be worked out by staff and the P&R Commission and be available by the time the grading,seeding,and landscaping was completed. Vice Mayor Poma asked about the spraying of effluent all day long. Bruce Hansen, Chairman of the Sanitary District Board, clarified that the State had directed that no effluent would be put on any land at anytime to endanger the public. Councilman Apps questioned how much of the effluent this park would be used for to solve the effluent distribution problem. He asked if the Town now owned this parcel. Mr. Nordin responded that the parcel would be deeded to the Town as a result of the Firerock Development Agreement and that the paperwork for the transfer of ownership of this parcel had not been completed to date. Councilwoman Hutcheson asked when the ownership would be transferred. Mr. Nordin estimated the transaction should be completed in sixty days and the work to complete the grading of the property for effluent disposal should be completed by the deadline set by the Sanitary District. Greg Bielli, MCO Properties, concurred. Councilman Wyman asked about the provisions for parking at the off leash facility. Mr. Lorenz responded that the street could be used for parking because it was not a through street. Councilwoman Hutcheson asked if the maintenance would be the Parks & Recreation Department's responsibility. Mr. Lorenz stated mowing would be done by contract and that he believed the dog owners would maintain the facility. He indicated that the P&R Commission would put together a management plan for the facility. Councilman Apps objected to having any Town staff member responsible for clean up of the facility. Clyde Downey, an ADOG board member (Association of Dog Owners Group) spoke in support of the Parks & Recreation Commission's recommendation. He stated their group, meeting monthly, offered assistance in the formation of the off leash facility. Allen Hunt asked about setting aside a special area for smaller dogs. E.J. Laz asked about the Town Council Regular Session 10/1/98 Page 3 of 7 insurance liability concerns for the Town. Susan Cassidy-Neuhart urged the Council to consider having an effective access control system at the 302 Park and provide for a paid supervisor for the facility. She also asked for a dedicated maintenance plan, which would include preventative measures for the public's safety. She suggested a survey of dog owners should be taken to find out what the dog owners in Fountain Hills desired. John Cutillo asked if the Town would pay additional premiums for a dog facility. Mr. Nordin said he did not anticipate any additional insurance premiums and that this facility would be covered under the Town's current liability policies. Wally Hudson,the Town's Risk Manager, told the Council that if fees were charged at the facility, there could be a greater degree of liability by the Town and insurance premiums, based on experience of losses incurred by the Town, could increase. Mr. Cutillo asked the Council to consider a survey of dog owners. Kim Marshburn and Hillary Quinton had conducted a study on usage of dog facilities, incidents reported and problems arising as a result of an off leash facility. They stated they had called around the country and inquired about any problems with 52 dog facilities. They said most of the problems were traffic problems, not odor problems. They stated signs notifying the public to enter the park at their own risk would cover the liability of the Town. Richard Coker and Brenda Mantello both spoke against the Town providing an off leash dog facility. Charlotte VanBemmel, Bonnie Downey and Derrick Calamonie spoke in support of the facility. Tom Schuelke asked if usage fees had been established for residents and non-residents and suggested this facility be self-supporting. The motion CARRIED with a 5-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM #12 - CONSIDERATION OF ORDINANCE 97-18, WHICH WOULD AMEND THE OFFICIAL ZONING DISTRICTS MAP OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY REZONING THE UNPLATTED AREA KNOWN AS LAKESIDE VILLAGE FROM THE "R-5", "R-3 RUP#Z78-160 AND Z88-19" AND "R-4" ZONING DISTRICTS TO THE "RI-10" ZONING DISTRICT,CASE NUMBER Z97-07. Planner Jeff Valder stated this item had been continued from the August 6th Council meeting. Councilwoman Hutcheson tilkw said she thought the zoning request was to eliminate high-density building in this area and that over 300 people had supported this zoning change. She suggested that since a lot of the surrounding area had now been rezoned to a more intense use than R1-10 and because a plan had been submitted for a large portion of this area was now under technical review, this area should now be re-advertised to rezone this area to R1-6. Town Attorney Bill Farrell advised the Council to repeat the entire notice process to initiate a different zoning change than was advertised. He said the Council would need to approve Ordinance 97-18 with six affirmative votes to effect the change in zoning to R1-10. Mr. Farrell stated that the plats currently filed for technical review could continue through the process under the current zoning. Councilman Poma asked what would happen if the project did not go through. Mr. Farrell stated the Council could rezone the property to R1-10 but that if the projects materialize, they would be considered legal, non-conforming uses. He said the larger project would technically require single family zoning of R1-6 and the smaller project desired to build a multi-family condo project suitable to the present R-3,4 or 5 zoning district. He said the condo project would depend on the existing zoning and its ability to be financed. Councilwoman Wiggishoff said she approved with proceeding with the R1-6 re-zoning and would consider adjusting the zoning for a particular project. Councilwoman Hutcheson stated that a re-advertisement would provide time for the project to go through technical review and the area around the project would be more consistent in an R1-6,R1-6A or R1-6APUD zoning than R1-10 zoning. Councilwoman Hutcheson MOVED to direct staff to re-advertise the Lakeside area to be re-zoned R1-6. Councilwoman Wiggishoff SECONDED the motion. Hank Lickman, MCO Properties, gave the Council a copy of a letter from MCO dated May, 1997 with a map. He went over the density of the development as it was submitted to the Town. He stated that on the 132 acres, no more than 320 units would be built,only single story units would be built on the ridgeline and the other two parcels would contain two- story dwellings. He said those guidelines had been used when working with the present two buyers of the properties in question. He said the New American plan would be for 162 single family detached units on 102 acres in two parcels. The plans for Parcel 10, known as "Motel Hill", on 13.9 acres was proposed to contain 28 duplex units. Parcel 10A Town Council Regular Session 10/1/98 Page 4 of 7 containing 15 acres planned for 48 townhouses. He opposed the rezoning and urged the Council to postpone any action at this time to allow time for the plans submitted to go forward in the review process. Glen Madland, a resident of Puerto Del Lago, spoke in opposition to changing the zoning and told the Council that since the existing development was well constructed,to leave the zoning as it is at the present time. Councilwoman Wiggishoff said she was encouraged about the project submitted for plan review. She said she would be willing to rezone the property if requested and was interested in proceeding with the rezoning of the parcels to R1-6. Councilman Poma asked if the Town would be subject to a lawsuit for a zoning change. Mr. Farrell answered that even though the larger project would need a rezoning for RI-6A PUD, refusal of the submitted plans could result in a lawsuit. The smaller project could go forward with the existing zoning. He advised that it would be better to go with the R 1-6 zoning change than an R1-6A zoning and that should the project fail to materialize, the zoning of R1-6 would be more complimentary to the other outlying zoning districts. The motion FAILED with a 4-2 vote. Councilwomen Hutcheson and Wiggishoff cast the aye votes. Councilwoman Hutcheson MOVED to approve Ordinance 98-18 to rezone this property to RI-10. There was no second to the motion,the motion DIED. AGENDA ITEM#13 - CONSIDERATION OF A SUPPLEMENTAL DEVELOPMENT AGREEMENT WITH MCO PROPERTIES FOR FIREROCK COUNTRY CLUB ESTATES. Town Attorney Farrell stated he was trying to determine whether this supplemental development agreement was needed or whether the terms of the supplemental development agreement were different from the proposed or contemplated by the original Firerock Country Club Development Agreement. Finally, he needed determination from the Council whether to enter into the supplemental development agreement for certain aspects of development of Firerock Estates. Mr. Nordin said the original Development Agreement along with the Area Specific Plan for the Firerock Subdivision was taken into consideration when drafting the supplemental agreement. He noted that 678 unit counts had been addressed in the Area Specific Plan,and that the adoption of the supplemental agreement,although he felt it unnecessary, would not harm the Town. Councilwoman Wiggishoff MOVED to approve the supplemental development agreement. Councilman Wyman SECONDED the motion. Councilwoman Hutcheson asked what additional benefit the supplemental agreement would have to the Town and to MCO Properties. She thought the Town had been extremely fair and liberal with the terms of application of the hillside ordinance and asked what the Town could expect from this agreement. She said MCO had been given waivers and exemptions from the hillside ordinance for the Firerock golf course and effluent ponds along with zoning changes to accommodate density transfers requested by MCO. She said the Town had issued waivers for exceeding the height limitations for the clubhouse, fifty cut and fill waivers had been granted and disturbances had been calculated on the net gross. Mr. Nordin responded by saying that the granting of waivers was a discretionary act of the Town Council as stated in the Subdivision Ordinance. Councilwoman Wiggishoff said she had voted for and supported the original Firerock Subdivision project. She said the Town had entered into the original Development Agreement and said she recognized that the interpretation of the Subdivision Ordinance might not result in the best project for a piece of property and that a departure from the disturbance regulations was warranted in this case given the quality and amenities of the project. Given the project was a ridgeline development, the positioning of the houses down from the slopes was part of the development agreement. She indicated her approval of the supplemental agreement as a mechanism for practical clarification of the original development agreement rather than changing the Subdivision Ordinance itself. Town Council Regular Session 10/1/98 Page 5 of 7 Vice Mayor Poma asked why the supplemental agreement was before the Council. Councilman Wyman said he had spent time acquiring information about the supplemental agreement. He said he understood the Town's position in L. approving the original development agreement but also understood MCO's position in communicating with the Town to define more specifically the terms to the satisfaction of both parties. Councilman Apps said he would be voting against the supplemental agreement because he understood that when the Subdivision Ordinance was adopted it was to apply to the remainder of properties in the Town and exceptions would not be requested. Councilwoman Hutcheson stated she would not support the supplemental_agreement because the Town would not be receiving any benefits from it and the developer, MCO, would. Councilwoman Wiggishoff referred to staff's statement that nothing been inconsistent or contrary to the original development agreement. Gregg Bielli, MCO Properties, stated there were some unresolved issues between the Town and MCO as it related to understandings and clarifications as the development process began. In an attempt to cooperate with staff, MCO desired clarification of several issues: land disturbance, cul de sac lengths and unit count in the subdivision and put that clarification into the supplemental agreement. He stated the fencing of the development on lots did not address the total fencing of the golf course lands. He stated that rebar and roping had been used to indicate the disturbance boundaries because the fencing of an 800-acre parcel would be too costly. The extended cul de sac length issue was also clarified in the supplemental agreement to avoid the construction of wider than usual roads and the extension of roadways. He noted that the Council could still discuss the cut and fill waivers at any time. Also, the land disturbance procedures for each parcel of the subdivision would be identified separately and then disturbances would then be calculated. Mr. Nordin said he believed that the terms of the supplemental agreement had not provided for any additional permissions, i.e. more lot yields in any parcel. He reassured the Council that this agreement was an accommodation to the developer but that it was in keeping with the original development agreement. Mr. Bielli said the terms in the supplemental agreement served to clarify and resolve certain issues so that both parties and the public understood what the outcome of those issues would be. Councilwoman Wiggishoff asked Mr. Bielli if he would change the language regarding the developer's dedication of hillside protection easements for significant vegetation or rock formations within certain lots. She asked if the word "may dedicate"could be changed to"shall dedicate". Mr. Bielli agreed. Mr. Nordin pointed out that if the supplemental agreement was not approved other measures could be taken by staff on a plat by plat basis to solve future issues. Tom Schuelke asked if the supplemental agreement dealt with property transfers that were a result because of the original development agreement. Mark Van Boeckel expressed his skepticism with approving another agreement for the Firerock Subdivision. E.J.Laz said he was opposed to approving another agreement for MCO. The motion CARRIED with a 4-2 roll call vote. Councilwoman Hutcheson and Councilman Apps cast the nay votes. AGENDA ITEM#14-CALL TO THE PUBLIC Mary Pilarinos asked for continued meetings regarding the proposed Community Center and expressed her concern about the financial aspect of the project. AGENDA ITEM#15 - PURSUANT TO A.R.S. 38-431.03.A.3, A.R.S. 38-431.03.A.7, AND A.R.S. 38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OF LEASE OF REAL PROPERTY; AND DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND Town Council Regular Session 10/1/98 Page 6 of 7 INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION; RESPECTIVELY. Councilwoman Wiggishoff MOVED to go into Executive Session. Councilman Wyman SECONDED the motion, which CARRIED unanimously. Mayor Morgan recessed the Regular Session of the Town Council at 9:18 p.m. AGENDA ITEM#16-RETURN TO REGULAR SESSION. Mayor Morgan reconvened the Regular Session at 10:12 p.m. AGENDA ITEM#17-ADJOURNMENT. Councilwoman Wiggishoff MOVED to adjourn the meeting. Councilwoman Hutcheson SECONDED the motion, which CARRIED unanimously. TOWN OF FOUNTAIN HILLS Sharon Morgan,Mayor ,,, AT1'hST: �d.c.�_ )0,?tAt4.. Cassie B.Hansen,Town Clerk PREPARED BY:(o 424 /S) �.._� Linda D.Lemmen,Executive 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 1st day of October, 1998. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of October, 1998. ALA4-4-A—.) Cassie B. Hansen,Town Clerk L Town Council Regular Session 10/1/98 Page 7 of 7