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HomeMy WebLinkAbout1993.0506.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 6, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, May 6, 1993, in the Fountain Hills Town Hall, located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Councilman Hudson, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo and Councilmembers Charlie Fox, Peg Tibbetts, and Wally Hudson. Vice Mayor Bill O'Brien arrived late. Councilmen Mike Minarsich and Frank Clark were absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Community Development Director Gary Jeppson, Town Clerk Cassie Hansen, and Administrative Assistant Marcia Jewett. Mayor Cutillo read the consent agenda items which included: AGENDA ITEM #2. - CONSIDERATION OF THE MEETING MINUTES OF APRIL 15 and 28 1993. AGENDA ITEM #3. - CONSIDERATION OF LIQUOR LICENSE APPLICATION SUBMITTED BY PAUL QUINN FOR THE ABOVE GROUND CAFE. AGENDA ITEM #4. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE CHAMBER OF COMMERCE FOR A SPAGHETTI DINNER TO BE HELD AT POMA' RISTORANTE ON SUNDAY, MAY 23, 1993 FROM 1:00 P.M. TO 9:00 P.M. THE PURPOSE OF THE EVENT IS TO RAISE FUNDS FOR THE JULY 4TH FIREWORKS. AGENDA ITEM #5. - CONSIDERATION OF THE EXTENSION OF PREMISE APPLICATION SUBMITTED BY AL POMA OF POMA'S RISTORANTE FOR SUNDAY, MAY 23, 1993 MR POMA IS HOSTING A FUND RAISING EVENT FOR THE JULY 4TH FIREWORKS AND WISHES TO EXTEND HIS LIQUOR LICENSE TO A FENCED AREA OUTSIDE THE RESTAURANT AGENDA ITEM #6. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY PAT BENNIER OF THE FOUNTAIN HILLS GIRL SCOUTS FOR A "BRIDGING CEREMONY" TO TAKE PLACE ON THE AVENUE OF THE FOUNTAINS ON SUNDAY, MAY 23, 1993 FROM 4.00 P.M. TO 6.00 P.M. THE AVENUE OF THE FOUNTAINS WILL BE CLOSED FOR THE EVENT TO INSURE PEDESTRIAN AND PARTICIPANT SAFETY. Councilman Hudson MOVED approval of the consent agenda. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor O'Brien aye Councilman Hudson aye Councilman Fox aye Councilwoman Tibbetts aye The roll call votes were five aye to zero nay votes. Minutes of the Regular Session of the Town Council 05/06/93 Page 1 of 5 AGENDA ITEM #7. - MONTHLY REPORT BY MAGISTRATE SHOOB. Magistrate Shoob said there were approximately 300 cases in April. Presently the Court was filing civil law suits (which totaled approximately $5,000) on the Salt River Indian Reservation who would be enforcing them. AGENDA ITEM #8. - REPORT BY DALLIS SAXTON FROM THE ARIZONA DEPARTMENT OF TRANSPORTATION ON THE BEELINE HIGHWAY. Dallis Saxton reported that the project ran from McDowell Road along the Beeline to Shea Boulevard. A study took place from September, 1991 to January 1993 to determine that the construction would be kept within the 200 foot easement of the Salt River Indian Community land. Advertising and bid letting process would begin April, 1994. Several items of concern with the Salt River Indian Community were their intention to pass an ordinance that would include: sole source materials provided for this project from their sand and rock company; they would not compete with other companies along the Salt River, they would meet market prices; and, they would act as the subcontractor on the job. The Federal Highway Administration would provide 90% (over $20M) of the construction money. The Federal Highway Administration had agreed, in writing, to consider a sole source approach to the materials if information could be supplied them justifying that this was in the public interest. Completion of the study (Design Concept Report (DCR)) had been delayed until this was resolved with the Salt River Indian Community. Councilwoman Tibbets asked why the source of the sand and gravel affected the design of the road. Mr. Saxton said that due to the use of federal funds, if four (4) lanes were not built because of the circumstances, there might not be a project. The appeals letter written to the FHWA stated from a safety and congestion standpoint it was in the public interest for this project to move ahead. Councilman Hudson asked if it would be helpful for the Council or other municipalities to pass a resolution. Mr. Saxton said that might help along with other neighboring communities input. Councilman Fox asked if it would have any impact on FHWA. Mr. Saxton said the local division office had the authority to make the decision if the local agency (ADOT) could justify that it was in the public interest to have a sole source of aggregate materials without bidding competition. Councilwoman Tibbetts asked what would happen if the other rock companies would state that they felt the sole source was appropriate. Mr. Saxton said they would not raise an objection. Mayor Cutillo asked how budgeting for the improvements would be affected if the bid process wasn't completed before the 1994 budget. Mr. Saxton said the project would come back in in early 1995 but he wasn't sure what approach would be taken. It was his understanding the decision could be made at the local division level in Arizona. Mr. Nordin said he had been in touch with the national congresswoman's office and one of the two senators. Mr. Jerry Miles, President of Red Mountain Mining Inc., stated no one had spoken with him. He said his company would be prepared to state pushing ahead with the road would be in the public interest and his company would be willing to do anything they could to facilitate it. AGENDA ITEM #9. - REPORT BY THOMAS ENGELTHALER FROM THE MARICOPA COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT BUREAU OF VECTOR CONTROL ON EXCAVATING LOW -FLOW CHANNELS AND CLEARING ACCESS SWATHS IN TWO WASHES. Mr. Engelthaler said Ashbrook Wash and the wash north of Morningside and east of Fountainhead to the reservation, were the areas being studied. Those washes were heavily overgrown and had a semi -permanent supply of water. The pockets of water provide a breeding ground for Culex mosquitoes. Culex mosquitoes are capable of transmitting Encephalitis to humans. Because of the development in those areas, the flow of the water had been restricted. A survey had been done last November which concluded this was a permanent problem and breeding ground for mosquitoes. MCO had been contacted and a low -flow channel was discussed, with access to maintain the channel. MCO agreed to look at the problem after the first of the year and approval from the City would be needed. There were safe larvicides that could be used but application would be difficult because of the overgrown vegetation. Mr. Engelthaler said during mosquito season, application would be needed on a weekly basis. Adultisiding (fogging for adult mosquitoes) could be done on a nightly basis but would not be practical. Mr. Engelthaler proposed a 10' wide Minutes of the Regular Session of the Town Council 05/06/93 Page 2 of 5 shallow " V" channel that would carry the water and prevent surface water from standing and be kept reasonably clean. The public health law stated whoever was responsible must take action to eliminate the mosquito breeding. MCO accepted responsibility to put in a low -flow channel and minimize the potential for mosquito breeding. Mayor Cutillo asked if Mr. Engelthaler was requesting permission and Mr. Nordin said MCO was required to obtain a grading permit from the Town to do the work. Council did not have to take action on the grading permit, staff was authorized to issue such permits. The presentation was for the public and Council to be informed and ask questions. Mayor Cutillo asked if there was a basis for the Town staff to refuse the request and Mr. Jeppson said there was concern as to how much grading and where it would take place within the channel. The difficulty in issuing the permit to MCO would be defining where in the wash the channel would run. Vice Mayor O'Brien asked how many cases of Encephalitis there had been in the last 18 years and Mr. Engelthaler said 12 verified cases. Mr. James Rush, resident and home builder, said the source of the water may be the real problem. His concern was where the water was coming from. He had done research in Ashbrook Wash that showed the wash was dry most of the year and ran wet only in the winter and spring months. There was no primary source of water flow between Fountain Hills and the McDowells other than that induced by man. He asked how much water it would take to properly irrigate the areas, would it be necessary and would that control the water. The other source of water was below the primary dam at the lake which might be leaking. He asked if that water was necessary in the washes and was it induced by man or by natural causes. If it were induced by man, it could be controlled. Mary Pilarinos asked what was going to be done and what the purpose of Mr. Engelthaler's presentation was. Mr. Engelthaler said there was a need to control the mosquito problem generated out of the two (2) washes and wanted to present the concerns and alternatives. Mayor Cutillo asked Mr. Harrel if the flood control study that was currently being done would show what Mr. Rush stated was true. Mr. Harrel said it would not deal with ground water recharge but would deal strictly with high intensity surface run-off. There was no direct run-off of affluent water but any source of water infiltrating into the ground was occurring, but was not typical of other years. Mayor Cutillo asked if it would be soon enough to attack this seasons mosquitoes if the flow of water were corrected Mr. Engelthaler said he didn't know. Mr. Bill Wallen, potential resident of Fountain Hills from Philadelphia, PA, said this was not a wash but a marsh. A wash, the water continues; a marsh, the water stays. AGENDA ITEM #10. - TOWN MANAGER'S REPORT (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) 10.A. THREE YEAR CONTRACT WITH CRONSTROM & TRBOVICH FOR ANNUAL AUDIT SERVICES. Mr. Nordin recommended to Council to approve the audit firm of Cronstrom & Trbovich for additional annual audit service for the next three (3) years in the amount of $6,000 per year. Councilman Hudson asked how the rate was set and Mr. Nordin said it was a flat rate. Mayor Cutillo MOVED approval of the contract as presented. SECONDED by Councilman Hudson and CARRIED unanimously. AGENDA ITEM #11. - REPORT BY PARKS AND RECREATION DIRECTOR ROBIN GOODMAN ON THE DEVELOPMENT SCHEDULE FOR GOLDEN EAGLE PARK. Robin Goodman said the first phase would include grading, paving a parking lot, water, site lighting, one softball field, one baseball field, irrigation, landscaping, tot lot and other incidental items. The pre -bid meeting was scheduled for May 12, opening bids would be May 19, May 20th it would come to the Council for that award, and in June ground breaking would occur and the construction period would be 120 days. Minutes of the Regular Session of the Town Council 05/06/93 Page 3 of 5 AGENDA ITEM #12. - CONSIDERATION OF RESOLUTION 1993-14 PROVIDING THE OPPORTUNITY TO BE INCLUDED OR EXCLUDED FROM THE MARICOPA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Mr. Nordin said passage of this Resolution would allow the ability to apply for a CDBG Grant in the instance it might be needed. Councilman Hudson MOVED the adoption of Resolution 1993-14. SECONDED by Councilman Fox and CARRIED unanimously. Mayor Cutillo called a recess to the regular session at approximately 7:30 p.m. AGENDA ITEM #13. - HOLD A PUBLIC HEARING ON ORDINANCE 93-08 AMENDING THE TEXT OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS PURSUANT TO ARTICLE XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY REVISING ARTICLE XL PLANNED SHOPPING PLAZA OVERLAY DISTRICT AMENDING SECTION 40.8 AND ADDING SECTION 40.9, USES SUBJECT TO SPECIAL USE PERMITS Mr. Jeppson said the proposed change would permit, by special use permit, limited outdoor display areas as an accessory to an established or specially permitted use. He reviewed the stipulations required in reviewing the special use permit. Mayor Cutillo asked for anyone wanting to speak in favor of or opposition of this request. No one came forward. Mayor Cutillo closed the public hearing at approximately 7:34 p.m. AGENDA ITEM #14. - CONSIDERATION OF ORDINANCE 93-08, AMENDING THE TEXT OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS PURSUANT TO ARTICLE XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, BY REVISING ARTICLE XL PLANNED SHOPPING PLACE OVERLAY DISTRICT AMENDING SECTION 40.8 AND ADDING SECTION 40.9, USES SUBJECT TO SPECIAL USE PERMITS Mayor Cutillo MOVED to grant Ordinance 93-08 as requested. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. Mayor Cutillo called a recess to the regular session at approximately 7:35 p.m. AGENDA ITEM #15. - HOLD A PUBLIC HEARING ON THE PROPOSED GENERAL PLAN FOR THE TOWN OF FOUNTAIN HILLS. Mr. Jeppson said the Council had received and reviewed comments from the Planning and Zoning Commission concerning the Fountain Hills General Plan and a public hearing was held. The Los Altos Hills project had asked for reconsideration of the residential developer. Mr. Jeppson said it was an R1-6A zoning district. Staff believed the concerns were addressed by the current zoning. Councilwoman Tibbetts asked the status of the EDC portion and if that was being considered. Mr. Jeppson said that could be considered and the comments had been inserted in the General Plan. Mayor Cutillo asked for those in favor or opposition of accepting the General Plan as presented. No one came forward. Mayor Cutillo closed the public hearing at 7:38 p.m. Minutes of the Regular Session of the Town Council 05/06/93 Page 4 of 5 AGENDA ITEM #16. - CONSIDERATION OF RESOLUTION 1993-15, ADOPTING THE TOWN OF FOUNTAIN HILLS GENERAL PLAN. Mayor Cutillo MOVED to accept the General Plan as presented SECONDED by Vice Mayor O'Brien and CARRIED unanimously. AGENDA ITEM #17. - CONSIDERATION OF THE FINAL PLAT FOR MIRAGE HOME CONDOMINIUMS. Mr. Jeppson said the property located on Ibsen would convert a duplex into a condominium. The developer had agreed to make the rear yard a landscaped common area and not a limited common element. Councilman Hudson MOVED approval of the Mirage Condominium Final Plat Lot 5, Block 5, Plat 111. SECONDED by Councilwoman Tibbetts 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.) Councilman Hudson said the State Workers Compensation Fund had sent the annual report which stated it included a dividend of $2,384.00 because of the good loss experience. He explained municipalities were pooled into an overall group which gave to the State Fund $5M in premiums and the combined loss ratio of all the towns was 66%. Fountain Hills ratio was 17% so the rates were deviated from the annual rates by $6,256.00. Mayor Cutillo called for a motion to adjourn. Councilwoman Tibbetts made a MOTION to adjourn. SECONDED by Vice Mayor O'Brien and CARRIED unanimously. The Town Council adjourned at approximately 7:45 p.m. ATTEST: f�.l Cassie B. Hansen, Town Clerk PREPARED BY: Marcia M. Jewett, Admin. Assist. CERTIFICATION TOWN OF FOUNTAIN HILLS By: /�Sy, 4M. Cutillo, Mayor I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills on the 6th day of May 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this "10+4-- day of May 1993. Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 05/06/93 Page 5 of 5 ,