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HomeMy WebLinkAbout1994.0421.TCRWSM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND WORK/STUDY SESSION OF THE Nerd FOUNTAIN HILLS TOWN COUNCIL APRIL 21, 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 21, 1994, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. ROLL CALL-Following the pledge to the flag and the invocation by Councilwoman Tibbetts,roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Mike Minarsich, and Councilmembers Bill O'Brien, Frank Clark, Don Lawrence, and Peg Tibbetts. Also present were Town Attorney Bill Farrell, Town Manager Paul Nordin, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson, Town Engineer Randy Harrel, Current Planner Jeff Valder and Parks and Recreation Director Robin Goodman. Councilmember Wally Hudson arrived at 6:36 p.m. Mayor Cutillo read the consent agenda which included: AGENDA ITEM#2. - ACCEPTANCE OF THE MEETING MINUTES OF APRIL 7, 1994. AGENDA ITEM#3.- CONSIDERATION OF RATIFICATION OF AMENDMENTS TO THE PLANNING AND ZONING COMMISSION BY-LAWS. AGENDA ITEM#4.-CONSIDERATION OF RESOLUTION 1994-13,ABANDONING TO THE ADJACENT PROPERTY OWNER ALL RIGHT,TITLE OR INTEREST THE TOWN HAS EXCEPT THAT A RIGHT- OF-WAY,PUBLIC UTILITY, DRAINAGE, AND LANDSCAPE EASEMENT SHALL BE MAINTAINED, IN A CERTAIN PORTION OF A PUBLIC RIGHT-OF-WAY,FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE. AGENDA ITEM #5. - CONSIDERATION OF A LOT SPLIT OF PLAT 432, BLOCK 2, LOT 6, CASE NUMBER S94-25. AGENDA ITEM#6.-CONSIDERATION OF RESOLUTION 1994-14,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT AFFECTING ALONG THE NORTHEASTERN LOT LINE OF LOT 27,BLOCK 1,OF PLAT 104 AND THE SOUTHWESTERN LOT LINE OF LOT 28,BLOCK 1,PLAT 104,FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 139 OF MAPS, PAGE 32, RECORDS OF MARICOPA COUNTY, ARIZONA, AND LOCATED AT 16730 AND 16736 ASHBROOK DRIVE. AGENDA ITEM #7. - CONSIDERATION OF RESOLUTION 1994-15, ACCEPTING DEDICATION OF PARCEL B, PLAT 201 FROM MCO PROPERTIES. AGENDA ITEM#8.- CONSIDERATION OF MIRAGE CONDOMINIUMS XXVII THROUGH XX, XXV, XXXIV AND XL THROUGH L, CASE NUMBERS S94-02 THROUGH S94-09, S94-11 AND S94-13 THROUGH S94-24 LOCATED AT 14462 SHERWOOD DRIVE AKA PLAT 104,BLOCK 13,LOT 4; 14440 SHERWOOD DRIVE AKA PLAT 104, BLOCK 13, LOT 7; 14416 GALATEA DRIVE AKA PLAT 104, BLOCK 12,LOT 2; 16631 ASHBROOK DRIVE AKA PLAT 111, BLOCK 7, LOT 10; 16632 ASHBROOK DRIVE AKA PLAT 104,BLOCK 1,LOT 19; 16640 ASHBROOK DRIVE AKA PLAT 104,BLOCK 1,LOT 20; 16730 ASHBROOK DRIVE AKA PLAT 104,BLOCK 1,LOT 27; 16736 ASHBROOK DRIVE AKA LAT Minutes of the Regular Session of the Town Council 04/21/94 Page 1 of 8 , 104, BLOCK 1, LOT 28; 16725 ASHBROOK DRIVE AKA PLAT 111, BLOCK 7, LOT 17; 14405 IBSEN DRIVE AKA PLAT 104, BLOCK 14, LOT 1; 14022 KENDALL DRIVE AKA PLAT 104, BLOCK 3, LOT 20; 15227 IVORY DRIVE AKA PLAT 432, BLOCK 2, LOT 7; 15209 IVORY DRIVE AKA PLAT 432, BLOCK 2, LOT 6A; 15205 IVORY DRIVE AKA PLAT 432,BLOCK 2, LOT 6B, 16945 SABINAS DRIVE AKA PLAT 105,BLOCK 4,LOT 7; 16819 ALAMOSA AVENUE AKA PLAT 105,BLOCK 3,LOT 2; 14243 ASHBROOK DRIVE AKA PLAT 111, BLOCK 5, LOT 28; 16454 ASHBROOK DRIVE AKA PLAT 104, BLOCK 3,LOT 6; 14027 KENDALL DRIVE AKA PLAT 104,BLOCK 2,LOT 4; 14021 KENDALL DRIVE AKA PLAT 104, BLOCK 2, LOT 5; 14015 KENDALL DRIVE AKA PLAT 104, BLOCK 2, LOT 6; AND, 16849 ALAMOSA AVENUE AKA PLAT 105, BLOCK 3, LOT 6, RESPECTIVELY. Councilman Lawrence MOVED approval of the consent agenda and Councilwoman Tibbetts SECONDED. A roll call vote was taken with the results as follows: Councilman O'Brien aye Councilman Clark aye Councilwoman Tibbetts aye Councilman Lawrence aye Vice Mayor Minarsich aye Mayor Cutillo aye The motion CARRIED unanimously. AGENDA ITEM #9. - CONSIDERATION OF SIDEWALK INSTALLATION ON SAGUARO BLVD. ADJACENT TO FOUNTAIN PARK. Mr.Nordin said he had been requested the previous day by Mayor Cutillo and Councilmember Lawrence to add the agenda item to the Council meeting. He said the purpose was two-fold: to allow staff to give the Council and the public an update on the sidewalk program, and to make an inquiry to MCO Properties as to whether or not they would consider expediting the construction of the portion of sidewalk along Saguaro Blvd.in front of Fountain Park. He said he had talked with MCO and had received, from Greg Bielli,a letter stating that MCO would agree to the expedited schedule with the condition that they receive assistance with the permit process. Mr. Nordin asked Mr. Randy Harrel to give an additional report. Mr.Harrel said MCO had submitted plans for a sidewalk along Saguaro Blvd.at Fountain Park and had stated their intention to begin construction as soon as the plans were approved,which he anticipated to be within the next week or two. He said the sidewalk was the result of an agreement between MCO and the Council last summer and was a good example of the cooperation between MCO and the Town to upgrade and enhance the infrastructure facilities. The sidewalk would be six feet wide and would run from the Village Bazaar north to Palisades. He also said MCO and the Town had prepared a draft sidewalk agreement policy/plan and had been continuing to work on it. It was anticipated to present the plan to the Planning and Zoning Commission and the Parks and Recreation Commission and then bring it before the Council within the next sixty days. Mayor Cutillo read the letter from MCO(attached) and said he was extremely pleased and agreed it was a very good example of what cooperation and negotiation could accomplish. Councilman Lawrence said he was quite pleased because of the safety factor and a sidewalk would alleviate pedestrians and cyclists from having to maneuver around stopped vehicles and into traffic. He thanked MCO and said he hoped it would be done as expeditiously as possible. Mr. Mike Schamow asked if there was a timetable for completing the sidewalk around the rest of the park. Mayor Cutillo answered that the intent was there but there was no timetable. 41110, Minutes of the Regular Session of the Town Council 04/21/94 Page 2 of 8 , AGENDA ITEM#10. - CONSIDERATION OF AWARDING THE BID FOR REFLECTIVE PAINT. Mr. Nordin said staff recommended that the Council award the bid to Sharon Yourk dba Pervo Traffic Paints of Arizona in the single unit amount of$5.50 to obtain the reflective product and the sum of$7,000 as the maximum amount to be spent on the contract. He said staff had solicited bids both for reflective beading and without. Bids were received for both options from two companies and staff was recommending the low bid for the reflective beading. Councilman Clark MOVED to approve the bid recommended by staff, not to exceed$7,000 for the total project and $5.50 per unit. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. Mayor Cutillo declared a recess to the regularly scheduled Council meeting at 6:43 p.m. and declared a public hearing open. AGENDA ITEM#11. - PUBLIC HEARING ON A SPECIAL USE PERMIT APPLICATION TO ALLOW OUTDOOR SEATING AT JIMMY'S FILLING STATION LOCATED AT 11044 SAGUARO BOULEVARD. Mr. Jeff Valder said the issue regarding the request was parking, since all the commercial uses in the area had a partially paved common parking lot. Mr.Valder said since the applicant,Mr.Jimmy Canes,was adding tables,he was intensifying his use and thereby necessitating more parking. Staff requested that Mr. Canes stripe 16 parking spaces adjacent to his restaurant, since there was no striping there. No one from the public spoke for or against the application,so Mayor Cutillo declared the public hearing closed and reopened the regular Council meeting at 6:48 p.m. AGENDA ITEM #12. - CONSIDERATION OF A SPECIAL USE PERMIT APPLICATION TO ALLOW OUTDOOR SEATING AT JIMMY'S FILLING STATION LOCATED AT 11044 SAGUARO BOULEVARD. Councilman Lawrence asked how manyparkingspaces werepermissible before the addition of handicapped markings was required. Mr.Jeppson said the Town had no ordinance but state law allowed 50 spaces. Councilman Lawrence asked whether a requirement could be made to designate one parking space as handicapped. Some discussion followed as to the Town's rights and the enforceability of handicapped parking not mandated by state law. Councilman Lawrence then wondered whether the Council could request,but not require,the applicant to mark one space as handicapped. The applicant said he had no objection. Mayor Cutillo MOVED to approve the request for a special use permit as requested with the staff stipulation and Councilman O'Brien SECONDED the motion. Councilman Lawrence MOVED TO AMEND the motion to direct staff to work in a voluntary capacity of providing one handicapped spot. Vice Mayor Minarsich SECONDED the motion to amend. Councilman O'Brien said he had a problem with putting in the amended motion and calling it voluntary--if the handicapped parking was not to be a requirement, it did not need to be specified. Vice Mayor Minarsich WITHDREW THE SECOND and the motion died from lack of a second. Mr. Canes said it had been brought to his attention that the handicapped space would also require a sign, which would be stuck out in the middle of the parking lot and would very likely be struck and/or run over by vehicles. The original motion CARRIED unanimously. AGENDA ITEM#13. -DISCUSSION OF GRANT APPLICATIONS TO THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY. Minutes of the Regular Session of the Town Council 04/21/94 Page 3 of 8 Mr. Harrel said a grant application had been submitted to the Governor's Office of Highway Safety for a Section 402 grant in the amount of about $17,000. The grant was similar to the grant awarded three years previous and would be to provide barricades, vertical panels, traffic cones, sandbags,and signage needed for detours. The grant did not require matching funds and did not require Council approval of the application,but the Town was requested to put the item on the Council agenda and submit the minutes of that meeting. Mayor Cutillo commended Mr.Harrel for the good work and said the money would certainly help out. Councilman Clark said the Town was interested and would be willing to participate in an Intergovernmental Agreement as appropriate. AGENDA ITEM#14.-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. Bob Thomas announced that he had been notified by the McDonnell Douglas Employees Association that the Golden Eagle Foundation had been awarded a $1,700 grant to enable them to purchase equipment, specifically a digitizer board and a modem for the high school to enable the Vo-Tech Department to work in cooperation with the Town's Engineering Department on digitizing maps and plats, etc. It would be necessary for the Engineering Department to monitor the work done by the students for accuracy and those results would be transmitted by modem. The Foundation was also notified that the McDonnell Douglas Corporation had taken an interest in the proposals sent to the Employee's Association and might follow up with more sizeable grants. AGENDA ITEM#15. - ADJOURN REGULAR MEETING AND CONVENE WORK/STUDY SESSION. Vice Mayor Minarsich MOVED to adjourn and Councilman Lawrence SECONDED. The motion CARRIED 460 unanimously. The Town Council adjourned at approximately 7:08 p.m and the work study session convened at 7:10 p.m. AGENDA ITEM #16. - DISCUSSION OF THE PARKS, RECREATION AND OPEN SPACE MASTER PLAN. Ms. Goodman said the Council had received the first of three drafts and the intent was to bring the plan before the Parks and Recreation Commission, the Planning and Zoning Commissions, and the Council to gather comments, concerns,or revisions to be incorporated therein. She said she intended to go through the draft with the Council and explain in greater detail what the draft said. Councilman Hudson wondered whether the Parks and Recreation Plan would create an unfavorable situation as was happening with the Master Plan where people thought it was written in stone and could never be deviated from or changed. Ms. Goodman said it was intended to be adopted by the Council to be part of the General Plan. Ms.Goodman said the plan was divided into six sections. The first section was an introduction which described how the plan was prepared,described existing conditions,and inventoried in great detail what existed in Phase 1 Golden Eagle Park, the school properties/playgrounds,and what existed at Fountain Park. Councilwoman Tibbetts called attention to the fact that the equestrian association and club was not mentioned,despite the mention of a deficiency of such an organization. Councilman Lawrence questioned no mention of an amphitheater,parking,and picnic area. Ms.Goodman answered Cipe Minutes of the Regular Session of the Town Council 04/21/94 Page 4 of 8 , that the amphitheater would be more of a concrete service spillway area with the amphitheater being a secondary use and would not be in Phase 2 but in a future phase. Councilman Clark mentioned that the Kiwanis building needed to be added as an amenity due to the new arrangement recently made. He also said he thought MCO's botanical garden should be added to the inventory. Ms. Goodman advanced to Section 2 - Issue Identification and Analysis. She said the different target and focus groups and associated individuals who had been involved were discussed therein. Six issues were listed: lack of park facilities and open space, lack of a park classification system, park standards and facilities, policies and development regulations, public/private partnership,and lack of funding. Mayor Cutillo said he had a problem with the issue stating a lack of park facilities and open space. He said the way it read was as though the Town had and offered nothing, which was not the case. There may not be enough programs,but there were still many programs offered. He said there may be a shortage of programs,but there was not a lack of programs. Ms. Goodman said the plan could be rewritten to change the wording if desired. Councilman Clark suggested that Item 2, "easily accessible to neighborhoods served" should read "communities served" instead. He then said under Current Needs, mention was made of the allocation of 10 acres/1000 people and when it was acknowledged that the Town's population was 11,000,it should,therefore,have allocated 110 acres rather than 100. Ms. Goodman said that was a good point and the error had been noted. Councilman Clark next turned to Page 14 and said on the chart under Community Center, the Community Center with its two buildings should be listed and also that the town now had a third building. He said what the town did have should be highlighted rather than what was lacking. Ms. Goodman said that would be added. Councilman Hudson commented that where it read"total park area required for the year 2000",he was uncomfortable with the word 'required'. It was just a suggestion,not a requirement. He suggested maybe it read required by the national standard,but he didn't know if the town would ever meet the national standard. Mayor Cutillo said in the Five-Year Plan it was recommended to use the standard. Ms Goodman asked if the Council was comfortable using the national standard. Mayor Cutillo said it was used in the Five Year Plan. was some discussion:relative to washes being included as recreation areas; Mr eharnow soul:tl a intent was to include to the total par acreage>undeveloped land andnatural desert s an a} .priate mix as reco ended far a. aictrrtum:;of 5'35% being nondevel©ped !; Co 40an Clark brought up the catel of ungact fees and asked rfi the Town could,hn fact,do something io that area N: fyat'rell sand the Town hall authanty far impact;fees fi towrtscr es 0,r level t fees. a.said tat law.requiread.;that an impact fee be',assessed at the tune a burl g permit was issued. f councilman Clark asked if theteneeded tru be an ordinance in place in order to assess that fee. Mr FarreU,said that was correct Counci man Clark then wondered how;long it would take to drat one. Mr Nordin answered that there was a need to first do a study to develop a recommendaiio i that tf the!Counctl vishedlo impose an impact.fee.what;the purpc would be and what the mount would be It wnnld also have.to gn through Legal channels to;sury ve arty p tble legal challenges ;Mr Farrell said O fen was normally based ism a pet-unit its,regardless of the size of;the unit,and would have to have a definite related use. Mf Nordin said if it was assumed that impact fees were tip be implemented;,>t would be a;total fen per lot with.that fees lung divided into pprt►ons far uses related to the lot. Ten' aport on of that fee could be for the parks,anot t rptarnbn for the streets,and cbe remainingpordpn co tie fot ponce services,but<the fees could;only be fir services o'ear which the` own had control. Mir.Oliphant said the purpose for including impact fees in tfte plan w•as:to look at all it a possible things that could l donee,for example. sales;;tax,and was included for di0000.ion;'pt q se;., Mr Oliphant rented some liscuss ons he;had ltad with MC+C r garding;Sunridge Canyon. He said plans submitted had nitially'fncluded park;plans,with the largest site being 2 5 acres and three others being 15;acres ':Mr t phant said lie lard approached Mr Ray.Baldwin MCA!and asked€or at least 5 acres a d preferably?acr�esi( :t t Minutes of the Regular Session of the Town Council 04/21/94 Page 5 of 8, the.2.5 acres) in exchange:for a few tradeoffs and MCO:agreed to 5 acres. Councilman Clark said;he calculated there should!be 30 acres provided and wondered why MCO was only agreeing to five. Mr,Oliphant said that in his talks with MCO,they had discussed an additional z5..acres being provided in another part of town. Mr.Bob Thomas,Chairman of the:.Planning and Zoning(P&Z}Commission,said the P&Z Commission was given tl#e responsibility per the General Plan to make art annual review of the General Plan and also placed the initial responsibility of studying the •imposition of impact fees on the P&Z Commission. Ms;Goodm an advanced to the next section which discussed the:;mission statement of the deparlritent why it:was created, and:what its purpose was; There were six goals;presented• provide and maintain an open space network throughout cite community;>devek g recreational facthues.which maximized the r• potential as joint-use and multi-use facilities to benefitresidents of;the commmunity;provide connections;from the community a regional system of garb,taper space network and trails.McDow i Mountans,the county park anal the adjacent Indian communities; promote community wide cultu ral recreational activities and programs which foster community;spiritat#d/or health; identify and!;share.;f nancial resources,alto proia ote diversified part.a•menities •and programs to foster:community interactionand•inked use designs There was no rscussion e fourth section dealt with a description;of tltex plan and included ye a diagram which showed the beginning of howl the community fri ght by broken Clown into neighborhoods;priorities were alsra iscussed :Councilman Clark said he wanted:to discuss how a couple of items were;prioritized the l wants park site anti the;botamoffcal;garden15 He said:he didn't want to see:lie Kiwanis site put off•for Ill ars:and the botanical.garden put frar•i 0 years-. Witt S the Kiwanis sire,he said,there were:at least three K wanis organizations in town who Bait all agreed to provide; funds to help develop it. There was already some money available and would.cast the Torun little or nothing except maybe some'matching fundss He:said the same virus true with the botanical garden sue-a lot of;people:had invested sweat and tears into developing that site.; l s Goodrnai said she understood;that there was:a group.of people interested accelerating tlse development of the garden,but would necessitate the Town taking over the property.. Councilman Clark,agreed:and said;the Kivvanis:bad inf rmed the Town of die':€unds available to develop snd/or maintain the Krwan s park jsite but since;it wasn't Town owned, their,.hands were tied. He.thought it should be moved to the one to-five•-year priority group aitd the Town should take it toyer..and have the capability of.officially developing it. He said :same was true;with tine botanical•garden tie a over and let the intereste l group tame charge .After discussion and clarification,it was agreed to move the Kiwanis te from moderate pr€arity to;higt priocsty and*the botanucal:garden site froruiot pro ortt to high priority Councilman Lawrence referred to Page 27 and asked whether Flood Control was included under one of the various agencies listed. Mr.Nordin said probably not, it was the County Flood Control District, but it should possibly be listed separately. Mr.Jeppson said he understood that the Town was its own flood control coordinator--Randy Harrel was the Flood Control Coordinator. Ms. Goodman said it would be added. Councilman Clark brought up the subject of"User Fees" on Page 31. There was a brief discussion on user fees for tennis courts and softball field lights at Golden Eagle Park and then Councilman Clark asked about the joint use agreement between the school district and the Town that was to have been drafted. Mr.Nordin said a draft had been made,which was really an amendment to the present Intergovernmental Agreement. He said he and Mr.Dunne had been in agreement, but no joint meetings had been held since the school board had backed out of two that were previously set. Ms. Susan Ralphe, Chairwoman of the Committee to Preserve the Natural Environment, said the purpose of the group was self explanatory and the easiest way to do their mission was to preserve the washes from development of any kind,including parks development. The group felt that by preserving the washes,nature was allowed to take its course and provide natural flood control to the washes. The group respectfully requested of the Council that they: 1)accept the washes from MCO;2)adopt a policy to protect the washes from the environment; 3)do outside impact studies when development to the washes is proposed, including parks. She mentioned how the City of Scottsdale was looking to raise $1,000,000 to save the McDowell Mountains. She said our Council had a chance to do kitaw Minutes of the Regular Session of the Town Council 04/21/94 Page 6 of 8, something similar for the town with the washes at no cost. Mayor Cutillo said the washes which had been designated as open space had not been developed,nor were there any plans to do so. He said the town was trying to save as much of the desert as possible. Ms. Ralph said her group felt that an outside impact study should be conducted when development was proposed, even if it was only so much as a trail being developed. She said her group was only a few weeks old and was still conducting much research, but they hoped to return and present a sensible plan to protect the washes legally. Ms. Goodman said she wished to review the schedule again and give Mr. Jeppson an opportunity to comment on the process to be involved in amending the general plan. She said Draft Two would be available the first part of May and would be available to the Council,both commissions and mass distributed for review. Mr.Wendell Oliphant said something also discussed by the Parks and Recreation Commission was the effluent issue. He said it was not given much mention in the plan, but MCO was looking for exteriors to dump effluent and it would continue to be an issue in the future. MCO was looking to put grass in the area across from the Avenue of the Fountains for that purpose, since effluent had to be put out over turf and not just dumped out over the desert. There would be a lot of opportunities in the future as far as potential park areas that would be mandated for the effluent issue, since many neighboring parks were watered with effluent. AGENDA ITEM#17. - ADJOURNMENT. Mayor Cutillo adjourned the work/study session at approximately 8:53 p.m. Minutes of the Regular Session of the Town Council 04/21/94 , Page 7 of 8. L TOWN OF FOUNTAIN HILLS By: Jo . utillo, Mayor ATTEST: eitlAA-Alt. Cassie B. Hansen, Town Clerk PREPARED BY: / () , Rosalynn Rucker, 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 21st day of April, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of May, 1994. o ____ Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 04/21/94 Page 8 of 8