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HomeMy WebLinkAbout1994.1006.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 6, 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,October 6, 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 Wally Hudson and Councilmembers Don Lawrence,Peg Tibbetts,Frank Clark, Bill O'Brien and Marianne Wiggishoff. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson and Planners Jeff Valder and Loras Rauch. Councilman Clark asked to delete Agenda Items 9, 10 & 11 from the Consent Agenda for clarification. Mayor Cutillo read the remainder of the Consent Agenda which included: AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF AUGUST 31ST AND SEPTEMBER 15TH, 1994. AGENDA ITEM#3-CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY PATTY SCHUTTENHELM FOR THE GRAND OPENING OF SOUTHTIQUE MERCANTILE LOCATED AT 16810 AVENUE OF THE FOUNTAINS. THE EVENT IS SCHEDULED FOR FRIDAY, OCTOBER 21, 1994 FROM 5:30 P.M.TO 8:00 P.M. THE REQUEST INCLUDES CLOSING A SMALL PORTION OF VERDE RIVER DRIVE TO ACCOMMODATE A LARGE HOT AIR BALLOON. AGENDA ITEM#4-CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE REQUESTED BY THE LA BUEN VIDA WOMEN'S CLUB FOR THEIR FUNDRAISER AT THE CHURCH OF THE ASCENSION, 12615 FOUNTAIN HILLS BLVD., ON SATURDAY, OCTOBER 22, 1994 FROM 6:00 P.M. TO 11:00 P.M. AGENDA ITEM#5-CONSIDERATION OF ORDINANCE 94-22,REZONING PLAT 509,Z-91-05 AS R1-10 PUD. AGENDA ITEM#6 - CONSIDERATION OF RESOLUTION 1994-43,SUPPORTING PROPOSITION 101, WHICH WOULD AMEND THE ARIZONA STATE CONSTITUTION TO ALLOW THE STATE LAND DEPARTMENT TO RESUME A LAND EXCHANGE PROGRAM, WHICH WOULD ALLOW LOCAL GOVERNMENT TO EXCHANGE ITS LAND THAT THE STATE WANTS FOR STATE TRUST LAND OF EQUAL VALUE. AGENDA ITEM #7 - CONSIDERATION OF AWARDING THE CONTRACT FOR PROSECUTION SERVICES TO IACOVINO AND KAYLER FOR FY 94/95. AGENDA ITEM #8 - CONSIDERATION OF ACCEPTING THE BID FROM FULLER'S WHITE MOUNTAIN MOTORS IN THE AMOUNT OF $13,875.10 FOR THE BUILDING SAFETY DEPARTMENT'S PICK UP TRUCK. Minutes of the Regular Session of the Town Council 10/06//94 Page 1 of 8, Councilman Clark MOVED to approve the Consent Agenda as read. Councilwoman Tibbetts SECONDED the motion. A roll call vote was taken with the following results: Councilman O'Brien aye Vice Mayor Hudson aye Councilman Clark aye Councilwoman Wiggishoff aye Councilwoman Tibbetts aye Councilman Lawrence aye Mayor Cutillo aye The motion CARRIED unanimously. AGENDA ITEM#9-CONSIDERATION OF RESOLUTION 1994-47,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THOSE CERTAIN PUBLIC RIGHTS-OF-WAYS DESCRIBED IN EXHIBIT A LOCATED IN FOUNTAIN HILLS ARIZONA FINAL PLAT NUMBER 207 TO THE BENEFICIAL OWNER OF RECORD OF THE LAND AT THE TIME OF DEDICATION. AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 1994-48, ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST THE TOWN HAS IN ALL OR PORTIONS OF THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND IN ALL OR PORTIONS OF THOSE CERTAIN DRAINAGE EASEMENTS AFFECTING LOTS 1,2 AND 3,BLOCK 2,OF PLAT 207 FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 147 OF MAPS, PAGE 6, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#11-CONSIDERATION OF A FINAL REPLAT FOR LOTS 1,2 AND 3,BLOCK 2,PLAT NI) 207, LOCATED AT THE SOUTHEAST CORNER OF EL LAGO BOULEVARD AND VERDE RIVER DRIVE. Jeff Valder,Current Planner,explained additional modifications on the Final Plat and the concept landscape plan in addition to the stipulations requested by staff. He assured the Council that the applicant was in agreement with the additional modifications and the stipulations included in the staff report. Councilman Clark MOVED to approve Agenda Items#9,#10 and#11 with the staff stipulations and modifications. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM#12-CONSIDERATION OF AUTHORIZING THE MAYOR TO WRITE A LETTER TO THE MARICOPA COUNTY BOARD OF SUPERVISORS EXPRESSING UNANIMOUS COUNCIL OPPOSITION TO THE ESTABLISHMENT OF A FIRE ARMS RANGE IN MCDOWELL MOUNTAIN PARK. Mayor Cutillo stated that he had received a request from the McDowell Park Association asking the Council to write a letter opposing the establishment of a fire arms range in McDowell Mountain Park. Vice Mayor Hudson MOVED to give the Mayor authority to write a letter to Maricopa County Board of Supervisors opposing the fire arms range in McDowell Mountain Park. Councilman Clark SECONDED the motion. Minutes of the Regular Session of the Town Council 10/06//94 ,, 14 Page 2 of 8, Councilwoman Wiggishoff then AMENDED the motion to include the signatures of all Councilmembers as well as the Mayor be part of the letter. Councilwoman Tibbetts SECONDED the amendment which CARRIED unanimously. Harold Olson presented the Council with two brochures of neighboring fire arms ranges. He said he had observed many wild animals in the area of McDowell Mountain Park and was concerned that the location was too small for a fire arms range. Jack Fraser, President of the McDowell Park Association, opposed the location and presented a written summary containing points of concern from his Association. Town Manager Nordin stated he would work with Mr. Fraser when the letter to the County was drafted. The motion CARRIED unanimously. AGENDA ITEM#13 - CONSIDERATION OF A TEMPORARY USE PERMIT(TU94-17) FOR A MODEL HOME TO BE LOCATED AT 15417 RICHWOOD AVENUE. Jeff Valder explained the criteria for a temporary use permit. Items regulated under a temporary use permit were parking, lighting, flags and signage. A notice posted at the site for ten days resulted in eight letters in opposition to the location of the model home. Staff recommended approval for one year, rather than the standard two-year permit. Councilman O'Brien questioned the reason for a one year permit. He said that if there were objections to the model home,the time limit would not make a difference. Mr.Valder considered a one-year commitment by the developer could result in a short-term usage as a model home and believed that the sale of this home could occur within the one year period. Also, after one year the applicant would have to re-apply for an extension to the temporary use permit. Joseph Stout,Richwood Avenue,was concerned about the short notice for this permit. He pointed out that an error regarding the hearing date had occurred. Mr. Valder agreed that the poster was in error--that the hearing was to be held before the Town Council rather than the Planning&Zoning Commission as posted. Attorney Farrell stated the Council was within their authority to have a public hearing on this matter and that no misrepresentations had occurred. Mr. Stout was also concerned about vandalism, security lights, signage, traffic congestion and safety. Mr. Richard Peck, Richwood Avenue, told the Council of his opposition to the location of a model home. Cathy Harder,Grassland Drive, expressed her apprehension about the safety factors in that area due to the severe incline of Richwood Drive and felt it was a dangerous situation. Peter Billick,President of Advantage Homes, informed the Council that he wanted to have a model home at that location to show the quality and workmanship his company provides in construction of new homes. Because of the many objections, Mr. Billick offered to withdraw his request for a temporary use permit for a model home. Councilwoman Wiggishoff commended Mr. Billick's sensitivity to the concerns of the property owners. AGENDA ITEM#14- CONSIDERATION OF APPOINTING FOUR INDIVIDUALS TO FILL THE FOUR VACANCIES ON THE PLANNING AND ZONING COMMISSION CREATED BY EXPIRED TERMS. Cow Minutes of the Regular Session of the Town Council 10/06//94 Page 3 of 8, Mayor Cutillo submitted the names of Margaret Gelinas,Dana Saar,Henry Nelson VanSant,Jr. and Karen Meyers to be appointed as members of the Planning and Zoning Commission for two-year terms, each term expiring on September 30, 1996. Councilman O'Brien MOVED to approve the appointment of Margaret Gelinas, Dana Saar, Henry Nelson VanSant,Jr.and Karen Meyers as members of the Planning and Zoning Commission. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM#15 - PUBLIC HEARING FOR A REZONING REQUEST OF HTC CAPITAL GROUP (Z94-31) TO REZONE A 22.724 ACRE PARCEL FROM "C-2" TO "R-4", LOCATED SOUTH OF PALISADES BOULEVARD, WEST OF THE BASHAS SHOPPING CENTER AND EAST OF THE SAFEWAY SHOPPING CENTER. A letter requesting continuance to November 17, 1994 was received by the Mayor. Mayor Cutillo asked if anyone in attendance had intended to respond during the public hearing. No one came forward. Mayor Cutillo MOVED to continue the public hearing on this matter to November 17, 1994. Councilman Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM#16-CONSIDERATION OF A REZONING REQUEST OF HTC CAPITAL GROUP(Z94 31)TO REZONE A 22.724 ACRE PARCEL FROM "C-2" TO "R-4",LOCATED SOUTH OF PALISADES BOULEVARD, WEST OF THE BASHAS SHOPPING CENTER AND EAST OF THE SAFEWAY SHOPPING CENTER. No action was taken because the public hearing was continued to November 17, 1994. Nuie AGENDA ITEM #17 - PUBLIC HEARING ON ORDINANCE 94-23, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS AMENDING CHAPTER 2, SECTIONS 2.01 ZONING AMENDMENTS, SECTION 2.02 SPECIAL USE PERMITS, SECTION 2.05 PLANNED UNIT DEVELOPMENTS OF THE ZONING ORDINANCE FOR THE TOWN FOUNTAIN HILLS TO ESTABLISH NEW TIME LIMITS FOR PLANNING AND ZONING COMMISSION REVIEWS AND STATE AN AUTOMATIC FORWARD OF APPLICATIONS TO THE TOWN COUNCIL WITH A RECOMMENDATION FOR DENIAL IF SUCH TIME LIMITS ARE NOT MET AND THE APPLICANT DOES NOT CONSENT TO FURTHER EXTENSION. Mayor Cutillo called a recess to the Regular Session of the Town Council and declared the public hearing open at 7:19 P.M. There were no comments from the public. Mayor Cutillo then closed the public hearing and reconvened to the Regular Session at 7:20 P.M. AGENDA ITEM#18-CONSIDERATION OF ORDINANCE 94-23,PURSUANT TO CHAPTER 2,SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS AMENDING CHAPTER 2, SECTIONS 2.01 ZONING AMENDMENTS, SECTION 2.02 SPECIAL USE PERMITS, SECTION 2.05 PLANNED UNIT DEVELOPMENTS OF THE ZONING ORDINANCE FOR THE TOWN FOUNTAIN HILLS TO ESTABLISH NEW TIME LIMITS FOR PLANNING AND ZONING COMMISSION REVIEWS AND STATE AN AUTOMATIC FORWARD OF APPLICATIONS TO THE TOWN COUNCIL WITH A RECOMMENDATION FOR DENIAL IF SUCH TIME LIMITS ARE NOT MET AND THE APPLICANT DOES NOT CONSENT TO FURTHER EXTENSION. Minutes of the Regular Session of the Town Council 10/06//94 '041) Page 4 of 8. Vice Mayor Hudson MOVED to approve Ordinance 94-23. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. L AGENDA ITEM#19-CONSIDERATION OF A CUT AND FILL WAIVER FOR SUNRISE POINT,A 36.25 ACRE SUBDIVISION BEING PROPOSED BY PULTE HOMES LOCATED EAST OF SAGUARO BOULEVARD,NORTH OF SHEA BOULEVARD,WEST OF FOUNTAIN HILLS TOWN BOUNDARY AND SOUTH OF THE CLEAR-AIRE DEVELOPMENT. Loras Rauch explained that the waiver was required for the front of 6 out of 95 proposed lots. This would require an additional 2'cut at the top of a knoll on Hillcrest to enable gentler driveway slopes and site distance requirements. Mayor Cutillo MOVED to approve the request for a cut and fill waiver for Sunrise Point. Vice Mayor Hudson SECONDED the motion which CARRIED unanimously. AGENDA ITEM #20 - PUBLIC HEARING FOR A SPECIAL USE PERMIT (S94-06) FOR A GUEST HOUSE TO BE LOCATED AT 14901 MARATHON DRIVE. Mayor Cutillo called a recess to the Regular Session of the Town Council and declared the public hearing open at 7:25 P.M. Jeff Valder explained that according to the zoning ordinance the lot size must be twice the minimum square footage and that the applicant met this requirement. He stated that the applicant wanted the area over his three-car detached garage to be used as guest quarters for his college-age children. Jack Fraser and Pat Fraser questioned if a rental situation was legal in a guest house. Mr. Valder answered saying that it was illegal to rent a guest house. AGENDA ITEM#21-CONSIDERATION OF A SPECIAL USE PERMIT(S94-06)FOR A GUEST HOUSE TO BE LOCATED AT 14901 MARATHON DRIVE. Mayor Cutillo declared the public hearing closed and reconvened the Regular Session of the Town Council at 7:28 P.M. Councilman Lawrence MOVED to grant the special use permit. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM #22 - CONSIDERATION OF RESOLUTION 1994-45, APPROVING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST FOR THE EMPLOYEES OF THE TOWN; PROVIDING THAT THE TOWN WILL "PICK UP" THE MANDATORY CONTRIBUTIONS BY THE EMPLOYEES; AND DECLARING AN EMERGENCY. Town Manager Nordin introduced the prototype money purchase plan for employees of the Town of Fountain Hills. (He said there was an IRS maximum of 9 1/2%contribution rate of both employee and employer). A four-year step Minutes of the Regular Session of the Town Council 10/06//94 Page 5 of 8, plan was proposed to enable the Town as well as the employees to gradually increase their contribution rate to a one- for-one rate. The maximum would be 9.5%. He stated that Resolution 1994-45 provided only for the first step of this plan--the Town's contribution would increase to 8% and a mandatory contribution of 4 1/2% of earnings by employees.He introduced Mr.Chuck Whetstine of Ryley,Carlock&Applewhite who acted as counsel for the Town and reviewed the retirement plan for overall legal compliance. Also in attendance was Susanne Dobel, a representative from the ICMA Retirement Corporation. Mayor Cutillo MOVED to approve Resolution 1994-45,a money purchase plan for employees of Fountain Hills and to declare an emergency. Councilman Clark SECONDED the motion which CARRIED unanimously. AGENDA ITEM #23 - CONSIDERATION OF RESOLUTION 1994-46, AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST FOR THE TOWN MANAGER; CONFIRMING THAT THE TOWN HAS ELECTED TO"PICK UP"THE MANDATORY CONTRIBUTIONS BY THE TOWN MANAGER;AND DECLARING AN EMERGENCY. Mr.Nordin explained that Resolution 1994-46 was the same retirement plan as Resolution 1994-45 except that the Town Manager would be 100% vested with the Town portion per his employment contract. Vice Mayor Hudson MOVED to approve Resolution 1994-46 and to declare an emergency. Councilwoman'Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM #24 - CONSIDERATION OF RESOLUTION 1994-44, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A JOINDER AGREEMENT WITH THE ARIZONA PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM ON BEHALF OF THE FULL-TIME MUNICIPAL POLICE '441) OFFICERS REGULARLY ASSIGNED TO HAZARDOUS DUTY OF THE TOWN OF FOUNTAIN HILLS. Mr. Nordin explained that a Joinder Agreement with the Arizona Public Safety was agreeable to the Marshal's Department officers which allowed them to transfer their pension to any other agency in Arizona. Councilman Lawrence MOVED to adopt Resolution 1994-44. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM#25- DISCUSSION AND POSSIBLE ACTION ON NATIVE PLANTS PROTECTION. Attorney Farrell stated that a series of actions from the Planning and Zoning Commission resulted in a request for a policy governing the protection of desert plants. He stated that the State of Arizona revised its policy in 1991 primarily creating legislation against transportation and sale of native plants from state or federally owned properties with varying penalties. Mr. Farrell further stated that the new state legislation did not include private property, certain public utilities and special taxing districts from requirements of plant protection. He thought an educational program through the Marshal's Department about state regulations governing native plants would be very beneficial. He was of the opinion that a general law town would have limited authority to regulate native plant protection because of existing state legislation. Councilman Clark agreed that more time was needed to read all materials submitted by Attorney Farrell and Loras Rauch. Minutes of the Regular Session of the Town Council 10/06//94 No) Page 6 of 8, Mayor Cutillo stated he thought the review of the Town's regulation of desert plants had taken too much of staff's time since it appeared that an ordinance regarding this subject was not possible. Mary Pilarinos asked why this issue had been brought forward for discussion. Mayor Cutillo responded that the disturbance of any native plants only in ten acres or more needed to be approved by the Department of Agriculture. John Cavanaugh was concerned about the continued disposal of effluent on large open tracts of land over the next several years and its affect on saguaros and over watering of desert plants. Councilwoman Tibbetts felt that the public could get informational brochures through the Building Department about desert plants and their protection when applying for building permits. Also our Marshal's Department could assist in enforcing existing state laws regarding destruction and preservation of desert plants. Captain Jerry Sheridan, Maricopa County Sheriff's Department, assured the Council that the Deputy Sheriffs have enforced the state statute when receiving calls about native plant destruction. Marshall Gendler informed the Council that his department had investigated if any statute had been violated when the grading of land for effluent disposal had taken place. He said the state tagged native plants that were not to be disturbed or removed. Loras Rauch reviewed her memorandum to the Council and indicated that the educational process through handouts and pictures of desert vegetation prior to the issuance of a building permit was important. She said through a proposed ordinance the building department could require a Notice of Intent from the Department of Agriculture prior to the removal of native plants. Councilman Clark stated that the review of this confusing issue was not a waste of time and urged staff to continue its research and update the Council. AGENDA ITEM #26 - CALL TO THE PUBLIC AND ADJOURNMENT. (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.) No one came forward. 27. ADJOURNMENT. Councilwoman Tibbetts MOVED to adjourn the meeting. Councilman Lawrence SECONDED the motion which CARRIED unanimously. The meeting adjourned at 8:17 P.M. Minutes of the Regular Session of the Town Council 10/06//94 Page 7 of 8, TOWN OF FOUNTAIN HILLS ,..,„,) --,.,,,, By: ;;:2.._,h1: :( John M. lo, Mayor ATTEST: OA Cassie B. Hansen, Town Clerk PREPARED BY: 'L I A _ .4� - "".. 19'; r.- -��..'' Linda D. Lemmen, 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 6th day of October, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of November, 1994. 0,444_.-_,_ el __6_,,,,/,_i Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 10/06//94 .1.) Page 8 of 8.