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HomeMy WebLinkAbout1994.0407.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 7, 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, April 7, 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 Mike Minarsich,and Councilmembers Don Lawrence,Peg Tibbetts,and Wally Hudson. Also present were Town Attorney Bill Farrell, Town Manager Paul Nordin, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson and Current Planner Jeff Valder. Councilmembers Bill O'Brien and Frank Clark were absent. Mayor Cutillo read the consent agenda which included: AGENDA ITEM#2. - ACCEPTANCE OF THE MEETING MINUTES OF MARCH 15 AND 17, 1994. AGENDA ITEM#3.- CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY MR. JOHN KARETAS FOR "THE ALAMO". THE APPLICATION IS FOR A TRANSFER OF THE EXISTING CLASS 6 "BAR" LIQUOR LICENSE CURRENTLY ISSUED TO GLORIA ODEKIRK. AGENDA ITEM #4. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY RICHARD J.DE BERNARDIS OF THE PERIMETER BICYCLING ASSOCIATION OF AMERICA FOR THE TOUR DE PHOENIX. THE ANNUAL EVENT WILL PASS THROUGH FOUNTAIN HILLS ON SATURDAY, APRIL 16, 1994 BETWEEN THE HOURS OF 7:00 A.M. AND NOON. AGENDA ITEM#5.-CONSIDERATION OF RESOLUTION 1994-09,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN CERTAIN PORTIONS OF A NO VEHICULAR ACCESS RESTRICTION AFFECTING ALONG THE EAST LOT LINE OF LOT 13, BLOCK 1, OF PLAT 213 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 24, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#6.-CONSIDERATION OF RESOLUTION 1994-10,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THAT CERTAIN NO VEHICULAR ACCESS RESTRICTION AFFECTING ALONG THE NORTHEASTERN LOT LINE OF LOT 5, BLOCK 1, OF PLAT 201A FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 150 OF MAPS, PAGE 32, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#7.-CONSIDERATION OF RESOLUTION 1994-11,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THAT CERTAIN NO VEHICULAR ACCESS RESTRICTION AFFECTING ALONG THE NORTH LOT LINE OF LOT 12,OF PLAT 508 FOUNTAIN HILLS,ARIZONA, AS RECORDED IN BOOK 328 OF MAPS, PAGE 28, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM #8. - CONSIDERATION OF RESOLUTION 1994-12, ADOPTING PROPOSED AMENDMENTS TO THE TOWN OF FOUNTAIN HILLS EMPLOYEE MANUAL TO COMPLY WITH ARIZONA MUNICIPAL RISK RETENTIAN POOL GUIDELINES. Minutes of the Regular Session of the Town Council 04/07/94 Page 1 of 11, Vice Mayor Minarsich MOVED approval of the consent agenda and Councilwoman Tibbetts SECONDED. A roll call vote was taken with the results as follows: Councilman Lawrence aye Councilwoman Tibbetts aye Councilman Hudson aye Vice Mayor Minarsich aye Mayor Cutillo aye The motion CARRIED unanimously. AGENDA ITEM #9. - PRESENTATION OF APPRECIATION PLAQUE TO GEORGE BARD FOR HIS SERVICE ON THE BOARD OF ADJUSTMENT. Mayor Cutillo presented the plaque to George Bard "In Appreciation For the Many Hours of Hard Work and Dedicated Service As Chairman of the Fountain Hills Board of Adjustment for 1991 to 1994". Mayor Cutillo declared a recess to the regularly scheduled Council meeting at 6:35 p.m. and declared a public hearing open. AGENDA ITEM #10. - PUBLIC HEARING ON ORDINANCE 94-05, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA AND PURSUANT TO CHAPTER 2,SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, BY CHANGING THE DESIGNATION OF LOTS 7 THROUGH 21, BLOCK 1, PLAT 601-A FROM "R-3 TO R1-10". THESE LOTS ARE LOCATED ALONG THE NORTHERN SIDE OF SUNFLOWER DRIVE FROM MIMOSA DRIVE WEST FOR 1500 FEET. Vice Mayor Minarsich said the citizen's group behind the agenda item had asked for a postponement due to the difficulty in reaching out-of-state property owners and he MOVED that the item be continued to a date uncertain at which time the group felt they had the opportunity to do the work they needed to do and bring the item back before the Council. Councilwoman Tibbetts SECONDED the motion. Mayor Cutillo asked Mr.Farrell if, since the public hearing had already been paid for, it would be necessary to go through the entire procedure again. Mr. Farrell answered if the item was not rescheduled for the next regular meeting,it should be readvertised as to when the item was to be brought back to the Council before it was brought back--there should be a motion and a second to institute a public hearing on Ordinance 94-05 and then the consideration of the ordinance and there should be public notice for more than 15 days before that council meeting. He suggested Items 10 and 11 be heard together. The motion CARRIED unanimously and the public hearing was declared closed at 6:42 p.m. AGENDA ITEM#11.-ORDINANCE 94-05,AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA AND PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, BY CHANGING THE DESIGNATION OF LOTS 7 THROUGH 21, BLOCK 1, PLAT 601-A FROM "R-3" TO R1-10". THESE LOTS ARE LOCATED ALONG THE NORTHERN SIDE OF SUNFLOWER DRIVE FROM MIMOSA DRIVE WEST FOR 1500 FEET. Councilman Hudson MOVED that Agenda Item 11 be tabled until such time as a public hearing on the item was Minutes of the Regular Session of the Town Council 04/07/94 411, Page 2 of 11, held. Mayor Cutillo SECONDED the motion which CARRIED unanimously. Mayor Cutillo again recessed the regularly scheduled Council meeting and declared a public hearing open at 6:42 p.m. AGENDA ITEM #12. - PUBLIC HEARING ON ORDINANCE 94-06, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA AND PURSUANT TO CHAPTER 2,SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, BY AMENDING CHAPTER 11,MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS,SECTION 11.03 TO PERMIT FOR NURSING HOMES,CONVALESCENT HOMES AND HOMES FOR THE AGED IN"R- 3", "R-4", AND "R-5" ZONING DISTRICTS BY SPECIAL USE PERMIT ONLY. No one from the public spoke in favor of or against the item,so Mayor Cutillo closed the public hearing at 6:43 p.m. and reconvened the regularly scheduled Council meeting. AGENDA ITEM #13. - CONSIDERATION OF ORDINANCE 94-06, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,ARIZONA,BY AMENDING CHAPTER 11,MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS,SECTION 11.03 TO PERMIT FOR NURSING HOMES, CONVALESCENT HOMES AND HOMES FOR THE AGED IN "R-3", "R-4", AND "R-5" ZONING DISTRICTS BY SPECIAL USE PERMIT ONLY. Councilwoman Tibbetts MOVED approval of Ordinance 94-06 and Vice Mayor Minarsich SECONDED the motion. The motion CARRIED unanimously. Mayor Cutillo recessed the regularly scheduled Council meeting at 6:44 p.m. and declared a public hearing open. AGENDA ITEM #14. - PUBLIC HEARING ON ORDINANCE 94-07, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA AND PURSUANT TO CHAPTER 2,SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, BY AMENDING CHAPTER 7, PARKING AND LOADING STANDARDS, SECTION 7.04 SUBSECTION F3., TO ESTABLISH MINIMUM PARKING STANDARDS FOR NURSING HOMES, CONVALESCENT HOMES, AND HOMES FOR THE AGED. No one from the public spoke for or against the item, so Mayor Cutillo declared the public hearing closed at 6:44 p.m. and reconvened the regularly scheduled Council meeting. AGENDA ITEM #15. - CONSIDERATION OF ORDINANCE 94-07, AMENDING THE TEXT OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA AND PURSUANT TO CHAPTER 2,SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, BY AMENDING CHAPTER 7, PARKING AND LOADING STANDARDS, SECTION 7.04 SUBSECTION F.3., TO ESTABLISH MINIMUM PARKING STANDARDS FOR NURSING HOMES, CONVALESCENT HOMES, AND HOMES FOR THE AGED. Councilwoman Tibbetts MOVED approval of Ordinance 94-07 as read and Councilman Hudson SECONDED. The motion CARRIED unanimously. AGENDA ITEM#16.- CONSIDERATION OF GRANTING A WAIVER FROM THE 10' CUT AND FILL LIMITATIONS SPECIFIED IN SECTION 309 OF THE FOUNTAIN HILLS SUBDIVISION ORDINANCE FOR THE PROPOSED FOUNTAIN SHADOWS SUBDIVISION LOCATED NORTH OF LA MONTANA, klire Minutes of the Regular Session of the Town Council 04/07/94 Page 3 of 11, EAST OF SAGUARO AND SOUTH OF GRANDE BLVD. Mr. Valder requested and was granted a two-minute recess to set up for the presentation. Mr. Valder distributed a handout illustrating various types of cut and fill (attached). Mr. Valder said the applicant for the waiver was Centennial Homes and the project was originally twice as large. The applicant proposed to construct 51 lots on just under 20 acres. The preliminary plat and a rezoning request would be heard by the Planning and Zoning Commission on April 29. He then proceeded to analyze the various types of cut and fill and to show the extent of each, where on the site they would be located, and how they would be treated by the developer. He said staff had analyzed the project and found the zoning to be in accordance with the general plan. Any project proposed for the site would require the types of cut and fill proposed by Centennial Homes and staff recommended approval. Vice Mayor Minarsich asked the maximum number of lots that could be created on the property given the existing R-4 and R-5 zoning. Mr. Valder said lot counts generally depended on the street patterns proposed and the lot size proposed. He said the number of lots proposed by the developer plus the space required for hillside preservation left the developer pretty close to the total space available. Vice Mayor Minarsich then asked how the cut and fill requested by the applicant compared with previous comparable developments in the area. Mr. Jeppson answered that Arriba del Lago was created prior to incorporation so there was no absolute information on the cut and fill. Phases 3 and 4 of Fountainhead were done after incorporation and the developer had disturbed right up to the maximum 50% hillside disturbance and the Town had worked with him quite a bit at that time. The cut and fill of that project Mr. Jeppson could not recall, but he did not believe it had exceeded the 10-foot limitation. Mayor Cutillo asked the developer if he wished to make a presentation. Mr. Ed Lewis, President of Centennial Homes, said Centennial Homes had designed the project specifically for the location to maximize the hillside preservation,open space preservation, and provide the homeowner with low maintenance. The property was zoned R-4 and R-5 which meant apartments,20 or 30 units to the acre,feasibly accommodating 350 or 400 apartment units. The developer was proposing 51 single-family, single-story detached homes and he said virtually all of the surrounding properties had higher densities. Mr.Lewis gave a slide presentation to "help visualise what the project would look like", showing proposed elevations and elevations they wished to avoid. Looks they wished to avoid were: a tract look with all architectures identical;multi-family attached houses look where all houses/units were the same color and style; sterile architecture--too simple, not much invested in architecture; large imposing two-story buildings built right out to the street;dwelling units right on the street with no landscape buffer;two story buildings that blocked the undisturbed hillside to the rear; the duplex look of garage architecture where the garage is what showed from the street. Mr. Lewis said all those examples were allowable with no rezoning needed but weren't examples of the quality the developer wished to present. He showed drawings of the proposed cut and fill treatments and amenities the developer was proposing including sidewalks,homeowner-association-maintained landscaping,and one and one-half acres set aside for open space recreation to be landscaped for the benefit of the community. The model homes would include multiple elevations,paint color choices and roof configurations. Mayor Cutillo MOVED to allow the request for the 10-foot waiver on the cut and fill in order to allow the project to move forward; Councilwoman Tibbetts SECONDED. Mr. Milt Dolman, 16909 DeAnza, asked about storm drainage. Mayor Cutillo said the question wasn't really applicable to the Council,but allowed Mr.Lewis a brief answer. Mr.Lewis said said he believed they were in full compliance with all the water ending up in the lake, utilizing some small holding basins to reduce the rate of flow. Mr. Madek, Fountainhead, asked what was going to happen to the property south toward Panaroma Dr. Mayor Cutillo answered that the developer had not purchased that property and was not pursuing any development. Mr. Dean Anderson read a letter of opposition from residents of the Fountainhead. Minutes of the Regular Session of the Town Council 04/07/94 41.0 Page 4 of 11, Mr. Duane Nash, president of La Casa Cafetal Homeowners Association, read a letter with 72 signatures also in opposition. Mayor Cutillo asked Mr. Nash what type of project the homeowners would be in favor of on the proposed project site. Mr. Nash said none,really. Mr.Jerry Miles, 16317 E. Inca, said the issue was whether the circumstances involved in granting the waiver were appropriate. He said there was a waiver granted a few weeks prior and he wondered when there would be a limit. There were guidelines and ordinances that had been written after much time and consideration by a lot of people and the waivers weren't in the best interest to the Town. Mr. Foreman referred to the area of Cannel and Glenbrook and said the buildings on the side slope looked so artificial and he was opposed to anything designed like that. Mr. Gordon Pittsenbarger asked Mr. Harrel where the water runoff to the proposed project currently went. Mr. Harrel answered that the runoff currently split in the middle, the south half went south and flowed along Saguaro Blvd. until it eventually reached the storm drain on Panorama. That would continue the same. Water on the north ran off to Grande and down Grande to Del Cambre and then to the Ashbrook wash. There was currently a drainage problem on Del Cambre and that water would continue to run the same direction down to Grande,but there would be some detention basins added to slow the water and minimize the runoff. Vice Mayor Minarsich applauded the developer for bringing back a product that was considerably better than the original one,which he had opposed. He also said the presentation was superior to others,but he still opposed the project. He said there were areas in town which did indeed lend themselves to large amounts of cut and fill. He said he also was not in favor of the Council granting a waiver prior to Planning & Zoning reviewing a project because he felt that it did,in fact,undermine their final decision. He closed by saying that he believed the majority of the unfavorable examples shown by the applicant had been approved prior to incorporation and, since incorporation, it was the Council's job to see they did not happen again. Mr. John Reed said many people had spent many hours putting together a standard and recently the Council had 460 heard from several applicants wanting exceptions to that standard. He said with all that time and money invested in setting up the standard,people should learn to live within it. Mayor Cutillo answered that the topography of Fountain Hills,being hills and such, made it impossible to always adhere. The waiver process was in place to make an exception possible for the many instances where it was not possible to adhere. Mr.Pittsenbarger said he did not understand why the Council seemed to bend over backwards to allow cut and fill waivers. Mr. Jeppson said of recent waiver requests, one developer was not granted all the waivers requested, and another withdrew and redrew his plans in order to avoid a waiver request. Councilwoman Tibbetts asked Mr. Farrell whether the Planning & Zoning Commission's hands were tied by the Council's decisions, or whether they were simply given the go ahead to look at the plans and make a recommendation. Mr. Farrell answered that the Commission could not look at any plat with vertical cut over ten feet since it would not conform to the zoning ordinance, so the waiver was put in so a developer who desired a greater cut had to get a waiver. The Commission did not approve plats or zoning changes--they made recommendations, either yes or no with a reason for the recommendation. All a waiver allowed was the applicant an opportunity to take his plans before the Planning&Zoning Commission and if the Commission did not like the 10-foot cut, they would recommend denial of the preliminary plat. Vice Mayor Minarsich wondered why the vertical cut and fill waiver recommendation couldn't be put in the zoning code as part of the recommendation process at the Planning&Zoning Commission level. Mr.Farrell answered that Lof Minutes of the Regular Session of the Town Council 04/07/94 Page 5 of 11, as the code was currently written, it would then require the preliminary plat to go to the fmal plat process. The Planning &Zoning Commission approved preliminary plats, which was an indication that the developer should go forward and prepare engineering and fmal plans. If a preliminary plat was disapproved by the Commission by four or more votes,the developer had the option to either abandon the project or appeal to the Mayor and Council. The process,as it was currently written, said that the Planning&Zoning Commission could not decide on a preliminary plat if there were vertical cuts over 10 feet unless a waiver was obtained. Mr. Farrell said he had written it so that the Commission couldn't even hear such plans since it would be jurisdictional and they would be unable to approve them since it was not allowed by code. The motion CARRIED three aye votes to two nay votes by Councilman Lawrence and Vice Mayor Minarsich. Mayor Cutillo granted a three-minute recess to allow those wishing to leave to do so. The meeting reconvened at 8:21 p.m. AGENDA ITEM #17. - TOWN MANAGER'S REPORT (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) 17.A. - APPROVAL OF THE GOLDEN EAGLE PARK MASTER PLAN. Mr. Nordin said at the time the master plan was approved by Council, two plans were in fact approved: one with tennis courts and one without tennis courts. The Parks and Recreation Commission recommended that the master plan without tennis courts be the plan adopted. The Commission recommended such since the upcoming school bond election included tennis courts and it would be appropriate for the Council to adopt only the plan without tennis courts. It was also recommended without tennis courts because because tennis court construction on the site may become increasingly impossible due to space limitations. Vice Mayor Minarsich said he opposed the recommendation and was in favor of the plan with tennis courts. He said simply because the school had included tennis courts in their bond issue did not mean it would pass and,in any case, the public would be limited to playing time on the school courts. The school courts,he said,weren't especially well maintained either. He suggested operating a tennis court program such as Scottsdale Ranch where there was a$3.00 user fee for 90 minutes of play. It would provide some diversity for youth and adults as far as recreational activities. He said there were many people in the community who would like to play tennis but weren't willing to pay for complete membership to Club Mirage in order to play. Vice Mayor Minarsich MOVED to adopt Golden Eagle Park Master Plan with Option B including the tennis courts. For lack of a second the motion died. Councilman Hudson MOVED to adopt Plan A without the tennis courts and Mayor Cutillo SECONDED for the sake of discussion. Councilman Lawrence asked what was gained by not having the tennis courts. Ms. Robin Goodman, Parks and Recreation Director,answered that allowing the area to remain undisturbed was what was gained. Volleyball courts could be placed where the tennis courts were shown and the tot lot could be expanded, since parents had requested more area there. Councilwoman Tibbetts asked Ms.Goodman what the minimum number of tennis courts could be and Ms.Goodman answered two. Vice Mayor Minarsich said the plan showed horseshoe pits next to the tot lot and an abundance of open space in other areas of the park. He wondered why the horseshoe pits couldn't be moved elsewhere and the tot lot still could expand. Mayor Cutillo said the plan showed four horseshoe pits and wondered why two of them couldn't be replaced with shuffleboard courts since that was an often repeated request. He then referred to Vice Minarsich's comment on the horseshoe pits and said many people enjoyed playing at night with lighting, so the pits couldn't just be moved Minutes of the Regular Session of the Town Council 04/07/94 1.1) Page 6 of 11, anywhere in the park. Vice Mayor Minarsich said he believed there were a lot of people who would benefit from tennis courts as a priority. Councilwoman Tibbetts said if it could be done financially, she would like to see tennis courts provided. Vice Mayor Minarsich said the courts wouldn't have to be done in Phase 2,but user fees and possibly more Heritage Grant money could help with the financial aspect. Mr. Jerry Kirkendoll said just because the school had a tennis court didn't mean the town shouldn't have one. He said eight courts were required for a tennis team and even if the school had four,that wouldn't be enough. He said he couldn't understand the unwillingness to consider tennis courts. Mr.Mike Scharnow,Chairman of the Parks and Recreation Commission,said his personal standpoint was that there were two existing courts and he felt it made sense to put all the courts in one location. He said he would like to see more tennis courts in Fountain Hills,but he didn't believe the park was the right location. He felt the majority of the demand was at the school level,so the school could build the first set of courts,but may be counting on the Town to build also. The problem of the courts being unavailable to the public would continue if the school was to use the Town's courts for school purposes. Vice Mayor Minarsich said that the school's courts weren't even available to the public nine months of the year and the Town would regulate the use of the courts at Golden Eagle Park, so it would not be correct to say the school would continue to monopolize those also. Mrs. Hamel said any joint use of facilities could be worked out--school tennis teams could practice early, before school,but it could be a workable situation. She also disagreed that the tennis court demand was only at the school level. Any time she wished to use to courts at the school,they weren't available so she went to Scottsdale and used those--they were well kept and less expensive than a club membership. Mr.Bob Thomas said it appeared that more and more amenities were being"stuffed" into Golden Eagle Park--more than could be accommodated. He brought up the flood plain adjacent to the park that was not suitable for residential �r development and suggested the owner be approached to deed that strip of land as additional acreage to the park where some of the additional uses could be accommodated. Vice Mayor Minarsich said a vote should be taken to incorporate Mr.Thomas' idea into the Master Plan and annex the property into the park. Councilwoman Tibbetts said it had been reported that tennis courts couldn't be constructed on flood plains. Mr. Harrel said the restriction was not the flood plain but the dam spillway where the courts could not be constructed. Mr. Scharnow reminded the Council that Parks and Recreation had reached the limit on possible grant monies to be received on the Heritage Grant for land values and any future money received would have to be matched 50/50 with existing cash. An exception would be if an additional land parcel were received or annexed,that land could be used for grant matching monies. Mayor Cutillo asked Mr.Farrell if the Council voted to approve motion,whether it could be amended at a later date. Mr. Farrell answered it would be possible. Vice Mayor Minarsich asked if, therefore, it would also be possible to vote approval with the tennis courts and amend that decision at a later date. Mr.Farrell said the plan adopted would send a message to staff and the Parks and Recreation Commission that they should go forward with funding source and priority decisions based on that plan. Vice Mayor Minarsich said it was obvious that the park hadn't been designed with a great deal of open space availability. The largest portion of the park was taken up with three softball fields and a multi-use field. The amount of space involved in building tennis courts would be minimal while the returns would be maximal. Minutes of the Regular Session of the Town Council 04/07/94 Page 7 of 11, Mayor Cutillo brought up funding and asked what the courts would cost. Ms. Goodman said it would depend on when the courts were phased. Phase 2,she said,of the project grant submitted to State Parks did not include tennis courts. That submission could be amended to say that tennis courts were now planned to be constructed in place of some other amenity. Mayor Cutillo said the courts wouldn't necessarily have to be included in Phase 2. The motion FAILED four nay votes to one aye vote by Councilman Hudson. Vice Mayor Minarsich MOVED to approve Plan B with the tennis courts included and Councilman Lawrence SECONDED. Mayor Cutillo MOVED TO AMEND the motion to stipulate that it not be included in Phase 2 and Vice Mayor Minarsich SECONDED the amendment. The amendment CARRIED unanimously. The ORIGINAL MOTION to include tennis courts PASSED unanimously. 17.B. Update on the Beeline Highway. Mr. Nordin said he had been told by A.D.O.T. that the design of the extension of the Beeline highway extension between Shea Blvd. and McDowell Rd. was well underway. A December date for the project to be out to bid was on target and bids were anticipated to be received back in January or February 1995. Construction was expected to begin in March 1995. Mr. Nordin said he had a concern that the master agreement between A.D.O.T. and the Indian tribe had not been signed yet. He said he had been told that all the preliminary issues had been settled and the master agreement was just considered a formality. He said he wasn't so optimistic. 17.C. Consideration of approving the lease/management agreement with the Sunset Kiwanis for the Kiwanis Building. Mr.Nordin said he and Mr.Farrell had been working with the club members,per the Council's direction, on a draft of an agreement which had been reviewed and approved by the Kiwanians and was recommended by staff for Council approval. Councilman Hudson asked if the agreement met previously discussed deed restrictions. Mr. Farrell said the town had been led to believe that the grantor was in agreement. Mayor Cutillo asked if there was anything to mandate that the rent agreement be changed so the rent would be comparable to that charged by the Community Center. Mr.Farrell answered there was nothing to mandate the rental fees. Councilman Hudson MOVED to approve the lease/management agreement of the Sunset Kiwanis; Vice Mayor Minarsich SECONDED the motion. The motion CARRIED unanimously. 17.D. Consideration of awarding the LTAF (Lottery) monies for the 93/94 fiscal year disbursement. Mr. Nordin said staff had,earlier in the week,received the recommendations made by the committee appointed to study the requests. Staff recommended approval as presented. Councilman Hudson explained to the public that the money distributed was the Town's share of lottery funds, of which a small portion was allowed to go to organizations that would match the funds. The remainder of the lottery disbursement was earmarked for roads. He suggested the distribution of the money be postponed until June,at which time a program should be established for road improvement, since the Town might need to keep the money. Councilman Hudson MOVED that the item be tabled until the first meeting in June. For lack of a second, the motion died. Vice Mayor Minarsich said the amount to be distributed would barely make a dent in the road needs, but it would make a great impact on the organizations who would receive it. Vice Mayor MOVED to approve the distribution of LTAF funds in the amount of$8,254 as recommended by staff and Councilwoman Tibbetts SECONDED. Councilman Lawrence commented that only one organization received the amount requested—the others got one third to one half of the amount,while the Civic Association got nothing. He asked if anyone on the distribution committee Minutes of the Regular Session of the Town Council 04/07/94 'mg)Page 8 of 11 , was present to explain. Town Clerk Cassie Hansen answered that one consideration factor had been each group's ability to fund themselves and their ability to raise money. The group's net work was also a factor. It was felt that Lir the Civic Association was more sizeable than any of the others and could go ahead and purchase whatever they wished while the other groups were more limited in their ability to do the same. Ms. Pilarinos asked if any of the proceeds of the new lottery game, Powerball, were included in these funds. Mr. Nordin answered that cities and towns would indeed receive an additional distribution from that game,but Fountain Hills' distribution had been designated to go toward freeways in Maricopa County, so the Town itself would not receive any additional funding. Mrs. Sylvia Merstorf asked the total amount the Town had received. Mr.Nordin answered approximately$82,500. She then asked how the committee that made the decision to award the LTAF funds was chosen. Mrs. Hansen answered that an attempt was made to find individuals not directly involved with any of the groups but who were otherwise involved in the community so they were aware of what the groups did. Al Cruikshank asked for a breakdown of the allocations. Mayor Cutillo read the groups with the amount requested and the amount received: Fountain Hills P.T.A.-$2,000,received$900;Historical Society-$2,000,received$600; The Boy Scouts - $750, received $764; Community Theater - $6,170, received $5,040; Civic Association - $750, received 0; Soccer Club - $1,500,received$650; Falcon Boosters - $600,received $300. The motion PASSED four aye votes to one nay vote by Councilman Hudson. 17.E. Discussion of direction for future projects: 1.Z Improvements to Fountain Hills Blvd. and major street maintenance. Mr. Nordin suggested that staff develop a plan that utilized the present funding levels. He said it would obviously not be possible to do a four-lane Fountain Hills Blvd.project,and a two-lane street repair with funds left over for street maintenance might be suggested. If the Council wished to designate an additional source,the amount of money available from that source could be estimated and another alternative prepared with the appropriate increase. Councilman Hudson said that would need to be prepared rather rapidly since it was almost budget time. He said he would personally seek the most funds possible be put into the program since he felt it was of utmost importance, even if it was at the expense of other worthwhile programs. He asked when such a road plan might be available. Mr.Nordin said he and Mr.Harrel had not discussed time frames,but if the Council desired,it would be done as quickly as possible, in four to six weeks maximum. Councilman Hudson asked when it was intended to present the budget to the Council. Mr.Nordin said due to the May 17 election,he had planned to put off the budget presentation to the Council until later than usual to give the Council as much time as possible to review the budget. Vice Mayor Minarsich said he objected to waiting until the last minute because it made it difficult to make good decisions. Mr.Nordin said last year the process was lengthened to give the Council ample time and what he planned was to take that amount of time and simply push it back as much as he legally could. He didn't have a particular date in mind,just soon after May 17. Mayor Cutillo said he thought a work study on Fountain Hills Blvd. would be a good idea and would like to see one scheduled as soon as enough material was available to study. Mr. Nordin said he and Mr.Harrel would get together first thing in the morning to see what could be done and notify the Council with some suggested dates. Future use of the old library building. Mrs. Hansen said discussions had been held with Rev. Minutes of the Regular Session of the Town Council 04/07/94 Page 9 of 11, Von Lanken of the First Assembly of God Church, the current tenant. The church expected to occupy their new facility in the summer, at which time the old facility would be available to the Town for whatever purpose it was desired, possibly as a single-occupant rental, or like the Community Center with multiple users. She said a number of groups had expressed a desire to have access to the building, including the Historical Society as a possible site to enlarge their museum,and the Women's Club had expressed an interest as long as two and a half years earlier. She said staff would like an idea as to how to proceed. Mayor Cutillo suggested a citizen's group would be a good way to proceed. Councilman Hudson suggested each Councilperson give the name of a person to be on that committee. Councilwoman Tibbetts asked if there had been any amounts determined to renovate the building after the church moved out. Mrs. Hansen answered that hadn't been done since no one had been in the building to check out the condition. She said the church had been in the building quite a while and had modified it to their specifications. Mayor Cutillo said that could be part of the criteria used in selecting a new user: how much the user would be willing to invest to occupy the building. Councilman Tibbetts said had heard it would require a great deal of work. Mrs.Hansen said that would be the case in bringing the building up to Americans with Disabilities Act (A.D.A.) standards. The building inspector had determined the building to be a private use and the church had not been required to bring it up to A.D.A. standards. Mr. Harrel said there were different standards for publicly held buildings that were privately used,publicly held buildings that were publicly used,and privately owned buildings that were publicly used and possibly different time frames each was given to have the modifications made within. Mr.Cruikshank said he felt the A.D.A.determination and finding a new user for the building were two separate issues. Mr. Nordin said in budget issues, A.D.A. compliance was going to a oarirnaY to be presented to the Council. '4411) 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.) Mr.Thomas said,regarding Agenda Item#16 and the issue of waivers,he wanted to go on record as saying that he would never vote against a project simply because of the cut and fill once it had been granted a waiver by the Town Council. He would vote against a project for many other reasons, but never simply because of the cut and fill. Mrs. Pilarinos said she would like to have the cut and fill waiver put back before the Planning and Zoning Commission first and would like it put before the public to vote on doing so. AGENDA ITEM#19. - ADJOURNMENT. Vice Mayor Minarsich MOVED to adjourn and Councilman Lawrence SECONDED. The motion CARRIED unanimously. The Town Council adjourned at approximately 9:40 p.m. Minutes of the Regular Session of the Town Council 04/07/94 Page 10 of 11' L TOWN OF FOUNTAIN HILLS By: J n M utillo, Mayor A FIEST: 0' -�' - .6 • 4,Ld,L_, Cassie B. Hansen, Town Clerk PREPARED BY: _ Rosalynn ucker, Adm. strative 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 7th day of April, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st day of April, 1994. 0/1114-4 - Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 04/07/94 Page 11 of H.