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HomeMy WebLinkAbout1996.0418.TCRM.Minures TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 18, 1996 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 18, 1996, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building B, Fountain Hills, Arizona. ROLL CALL-Following the pledge to the flag and the invocation by Fred Widom,a member of the Shalom group, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Don Lawrence, Frank Clark, Wally Hudson, Bill O'Brien and Marianne Wiggishoff. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town Engineer Randy Harrel, Director of Community Development Gary Jeppson, and Planners Jeff Valder and Geir Sverdrup. Mayor Cutillo read the Consent Agenda which consisted of the following agenda items: AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF APRIL 4TH, 9TH AND 11TH, 1996. AGENDA ITEM #3 - CONSIDERATION OF THE PRELIMINARY PLAT OF SUNRIDGE CANYON PARCEL "N-EAST", A 14.49 ACRE, 20-LOT SUBDIVISION, CASE NUMBER S94-121. AGENDA ITEM #4 - CONSIDERATION OF THE PRELIMINARY PLAT AND FINAL REPLAT OF SUNRIDGE CANYON PARCEL "C", A RESUBDIVISION OF 5.939 ACRES OF LAND WITHIN SUNRIDGE CANYON PARCEL "C" THAT WOULD RE-SUBDIVIDE LOTS 1,25-34,46-50,52-57,67-71, 84, 113-120 AND TRACTS H AND I, CASE NUMBER S96-018. AGENDA ITEM#5 - CONSIDERATION OF A LOT JOIN OF LOTS 15 AND 16, BLOCK 1, FOUNTAIN HILLS FINAL PLAT 415, CASE NUMBER S96-001. AGENDA ITEM #6 - CONSIDERATION OF THE FINAL PLAT FOR AZUL ESTRELLA NORTH CONDOMINIUMS, A 4-UNIT CONDOMINIUM PROJECT, LOCATED AT 11682 SAGUARO BOULEVARD AKA LOT 4, BLOCK 4, FINAL PLAT 201, CASE NUMBER S96-021. AGENDA ITEM #7 - CONSIDERATION OF THE FINAL PLAT FOR A PROPOSED 44 LOT SUBDIVISION ON A 72.2 ACRE PARCEL KNOWN AS "WESTRIDGE ESTATES",LOCATED EAST OF PALISADES BOULEVARD AND SOUTH OF MUSTANG DRIVE, CASE #S95-039. Councilman Lawrence MOVED to approve the Consent Agenda as presented. Vice Mayor Tibbetts SECONDED the motion. A roll call vote was taken with the following results: Councilman Lawrence Aye Councilwoman Wiggishoff Aye Councilman Clark Aye Councilman Hudson Aye Councilman O'Brien Aye Vice Mayor Tibbetts Aye Mayor Cutillo Aye Minutes of the Regular Session of the Town Council 04/18/96 Page 1 of 9 The motion CARRIED unanimously. AGENDA ITEM #8 - PRESENTATION OF APPRECIATION PLAQUE TO JEANNE SCHELL, RECREATION INTERN FOR HER ASSISTANCE AND SERVICE TO THE TOWN OF FOUNTAIN HILLS. Mayor Cutillo presented Jeanne Schell with an engraved plaque in recognition for her internship in the Parks & Recreation Department during the Spring of 1996. AGENDA ITEM#9-CONSIDERATION OF APPROVING A PRELIMINARY AGREEMENT STATEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCO PROPERTIES FOR THE TRANSFER OF THE CIVIC CENTER SITE, THE TRANSITIONAL ACQUISITION OF FOUNTAIN PARK, THE ESTABLISHMENT OF A DEVELOPMENT AGREEMENT AND FUNDING MECHANISM FOR LANDSCAPING IMPROVEMENTS TO THE DOWNTOWN AREA, AND THE AMENDMENT OF THE SPECIAL USES PERMITTED IN THE DOWNTOWN AREA TO ALLOW FOR THE ACQUISITION OF MOUNTAIN PROPERTY AT NO COST TO THE TOWN;AND SETTING DATES FOR FUTURE PUBLIC MEETINGS TO RECEIVE COMMENTS ON THE PLAN. Town Manager Paul Nordin reviewed a memo recently sent to the Council regarding a statement of agreement between MCO Properties, Inc. and the Town of Fountain Hills relative to the downtown plan. His memo included the intent to achieve a joint financial program which has not yet been established. He said the land exchange of the Town's present 15-acre parcel for another parcel of land for a better location for the Civic Center was being proposed. He indicated that after assessments were completed regarding the new parcel, the matter of the Town's assumption of Fountain Park and the maintenance of the fountain would cover the difference in assessed values between the present 15-acre parcel and the transferred parcel. He stated another item of agreement was the Council's consideration for additional uses under the "C-2" zoning district which required Council approval of future special use requests. Another item was to permit apartments in the downtown area with a maximum density of 18 units per acre using the special use permit approval process. This density allowance would result with up to 106 acres of McDowell Mountain property being awarded to the Town. Mr. Nordin suggested the Council schedule special meetings on Saturday, April 27th at 9:00 A.M. and Tuesday, April 30th at 6:30 P.M. to provide the public an opportunity for input on the downtown plan. Councilman O'Brien expressed his concern regarding the wording in Mr. Nordin's memo, Item B, to specify the number of dwelling units exceeding the 12 units per acre as allowed by the General Plan in figuring the appropriate acreage of McDowell Mountain property to be appropriated to the Town. Mr. Nordin agreed. Mayor Cutillo MOVED to approve the Statement of Agreement and to revise the explanation of Item B to incorporate the specific number of units per acre exceeding the maximum of 12 units/acre in the apportionment of McDowell Mountain property. Councilman Clark SECONDED the motion. Councilwoman Wiggishoff AMENDED the wording of Mayor Cutillo's motion to approve the document for public comment. Councilman Hudson SECONDED the amendment which CARRIED unanimously. The vote on the original motion CARRIED unanimously. Councilwoman Wiggishoff MOVED to direct staff to set up two special meetings of the Council for public input. One would be scheduled for Saturday, April 27, 1996 at 9:00 a.m. and the other for Tuesday, April 30, 1996 at 6:30 p.m. Vice Mayor Tibbetts SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 04/18/96 Page 2 of 9 AGENDA ITEM #10 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Magistrate Stuart Shoob presented his monthly report for the month of March, 1996 for review. He pointed out that 429 cases were filed, 386 cases were terminated, and that his budget was in order. AGENDA ITEM#11 - CONSIDERATION OF THE REAPPOINTMENT OF MAGISTRATE SHOOB FOR ANOTHER TWO YEAR TERM AND SETTING THE SALARY FOR SAID TERM. Councilman O'Brien MOVED to reappoint Magistrate Shoob for another two year term and to increase the salary from $4,000 per month to $4,300 per month. Councilman Clark SECONDED the motion. Mayor Cutillo stated he would not approve any salary increases for any personnel this year and would prefer to keep Magistrate's Shoob salary at the present level even though he favored the re-appointment of Mr. Shoob. Councilwoman Wiggishoff asked what the percentage of increase would be for the two-year term. Mr. Nordin stated it would be a 7.5% increase. The motion CARRIED with a 6-1 vote. Mayor Cutillo cast the nay vote. AGENDA ITEM #12 - DISCUSSION OF CITIZEN CONCERN OVER THE LITTLE FOUNTAIN CONDOMINIUM PROJECT SPONSORED BY COUNCILMAN WALLY HUDSON. Councilman Hudson said he had received letters from the Tom Toppel family protesting the Little Fountain condo project. Planner Jeff Valder explained that staff was reviewing the preliminary plat for an 84-unit project for two and three story condominiums on a 7.34 acre parcel. He stated the present R-5 zoning of the property allowed 25 units per acre and a 40' maximum building height and that the applicant was significantly under both those regulations. Mrs. Hollie Toppel addressed the Council and explained that even though a wash was between the condo project and their home, she was concerned about the residents in a two-story dwelling looking onto her property and safety concerns relative to adjacent apartment dwellers. Since final plans had not been presented, Mayor Cutillo suggested Mrs. Toppel contact the proposed developer. AGENDA ITEM #13 - REPORT BY TOWN MANAGER PAUL NORDIN ON THE LOCAL SALES TAX RECEIPTS AND EXPENDITURES. Town Manager Nordin said projections of 1.35 million dollars from sales tax revenues and expenditures for the use of those funds were in accordance with formerly-approved projects and fundings. Vice Mayor Tibbetts, who had requested a report, thanked the staff for preparing the report and providing the information to citizens on how their tax money was spent. Bob Burns, a resident of Fountain Hills, questioned whether the uses of tax revenues could be revisited to provide for services such as street median maintenance, especially on Saguaro Boulevard. Mayor Cutillo stated that sales tax monies could be appropriated with Council approval. Minutes of the Regular Session of the Town Council 04/18/96 Page 3 of 9 Mr. Nordin said a transfer of $245,000 was made to the Street Fund for street maintenance purposes and one additional person was hired for a cleanup crew. He indicated no additional appropriations would be necessary for street maintenance. He stated tax revenue funds were used for the concession and restroom building at Golden Eagle Park. Councilman Clark pointed out that this fiscal year was the first time the Town finally had enough money to complete old work projects. Town Engineer projected it would take 5-6 years to catch up on all street maintenance projects. He stated there now was a landscape contract for a regular maintenance program for medians and that 600 donated cactus and 60 donated trees had been planted. Councilman Lawrence suggested more boulders and vegetation be added to the medians along with the planned maintenance program. Mr. Burns asked the Council to consider appropriation of more sales tax revenues to support improvement projects in the community even if it meant raising the sales tax rate. AGENDA ITEM #14 - CONSIDERATION OF THE COMMUNITY LIAISON GROUP REPORT'S REQUEST TO JOINTLY FUND A PROPERTY TAX AUDIT. Town Manager Nordin stated that as a result of meetings held by the Community Liaison Group, a request had been received to hire a property tax auditor to insure that the County Assessor's records were up to date. Costs incurred for this position would be proportionately spread over all entities deriving revenue from the increased revenues generated as a result of the tax audit. He said under-assessed homes and commercial properties would be targeted to assure equity in value among properties. Councilman Clark asked if the assessment work done by the County a year ago was insufficient. Mr. Nordin answered that there still might be properties not being updated in their assessments, especially new construction. Councilman O'Brien said he thought an intergovernmental agreement was appropriate for procuring an auditor. (011110, Mr. Nordin estimated the Town's portion of costs would be small because compensation for the auditor would be based on performance, i.e., the amount of additional tax dollars raised and since the Town does not depend on property taxes, there could conceivably be no cost. Councilwoman Wiggishoff MOVED to direct the Town Manager to further explore and possibly fund a property tax audit in conjunction with the Community Liaison Group of the other elected bodies in town. Councilman Hudson SECONDED the motion. Councilman Lawrence AMENDED the motion to ask the Manager to report back to the Council before any funds are expended for this project. Councilman Clark SECONDED the amendment which CARRIED unanimously. The vote on the original motion CARRIED unanimously. AGENDA ITEM #15 - CONSIDERATION OF THE PROPOSED REVISION TO THE GOLDEN EAGLE PARK MASTER PLAN FOLLOWING A PRESENTATION BY RICK SWARTZ, E-GROUP. Mr. Rick Swartz from E-Group, a consultant hired by the Town for the purposes of revising the Golden Eagle Park Master Plan, addressed the Council and referred to a layout map of the park. It was his suggestion to reduce the number of tennis courts from four to two and to replace two of the tennis courts with volleyball courts. He suggested eliminating the amphitheater structure and prohibiting any construction in the wash areas. He stated the addition of volleyball courts would promote the usage of the park by more members of the community. Also,a three Minutes of the Regular Session of the Town Council 04/18/96 Page 4 of 9 foot retaining wall would suffice to solve the grading and drainage problems in that area rather than the requirement of a six foot wall in the event tennis courts would be constructed. Another suggestion was to move the basketball court closer to the area by the proposed volleyball activity area which would also be adjacent to a new ramada structure. Councilman Clark asked Mr. Swartz if he had considered these revisions in terms of future needs of the population at build-out. He also questioned the need for volleyball courts. Councilman O'Brien stated he wasn't sure any changes needed to be made. Councilman Lawrence stated he didn't want anything taken out because he felt the Town could use all the courts presently located at the park. Councilwoman Wiggishoff said she liked the centralization of the volleyball and tennis courts near the ramada location. She pointed out the Council might consider purchasing Parcel "B" in Sunridge Canyon Subdivision for additional tennis courts. Robin Goodman, Director of Parks and Recreation, said she felt there was a definite need for volleyball courts as well as basketball courts. She said the present location of the volleyball courts had not been adequately maintained. Councilman O'Brien MOVED to delete the amphitheater from Golden Eagle Park's Master Plan. Vice Mayor Tibbetts SECONDED the motion which CARRIED unanimously. For purposes of encouraging discussion from the public, Councilman Lawrence MOVED to approve the proposed revisions to the Golden Eagle Park Master Plan as presented. Vice Mayor Tibbetts SECONDED the motion. Jerry Kirkendoll, John Welsh, Wendall Oliphant, Nick Stasik, Mary Pilarinos, and Don Schrage commented and asked questions relative to the needs for tennis and volleyball courts. Councilman Lawrence then withdrew his motion to approve the revisions and Vice Mayor Tibbetts also withdrew her second to the motion. lw Councilwoman Wiggishoff MOVED to table discussion until the next regularly scheduled Council meeting. Vice Mayor Tibbetts SECONDED the motion which CARRIED with a 6-1 vote. Councilman O'Brien cast the nay vote. AGENDA ITEM#16 - CONSIDERATION OF REQUEST FOR ABANDONMENT OF THE SOUTHERLY 34' OF THE RIGHT-OF-WAY ON EL LAGO BOULEVARD FROM FOUNTAIN HILLS BLVD.TO EAST OF MARY MUNDE DRIVE. Lynne Legarde, attorney for the applicant, described the proposed project of 154 apartment units which required the Town's abandonment of 34' of the right-of-way on El Lago Boulevard. She stated the density resulted in fourteen units per acre which was well below the maximum density allowed. She said the plans included a fully-improved roadway along El Lago and sidewalk construction with costs estimated at $200,000. Other amenities in the project included a clubhouse and swimming pool facility. Ms.Legard pointed out that if the abandonment was not approved, a different, less luxurious product-type would be constructed. Town Manager Nordin stated staff opposed approval of the abandonment because final decisions had not been made regarding the future traffic patterns of El Lago Boulevard. He advised the Council that they could deny the request for abandonment without legal ramifications but that if approved, the decision could not be reversed in the future other than by condemnification. He suggested El Lago Boulevard was being considered as a major traffic outlet for special events such as the Great Fair. Town Engineer Randy Harrel stated that El Lago, west of Fountain Hills Boulevard, was a major collector as was El Lago, east of La Montana with an 84' right-of-way. Councilman Clark MOVED to deny the application for abandonment of the right-of-way along El Lago as presented by staff. Councilwoman Wiggishoff SECONDED the motion. Minutes of the Regular Session of the Town Council 04/18/96 Page 5 of 9 Greg Zimmerman, architect for the applicant, explained that the topography, the hillside regulations, and setbacks had been taken into consideration when designing his project and that the full 34' abandonment was needed to Liv accomplish his construction plans. Bob Hubbard, who resides adjacent to the area, supported the abandonment and design plans for the area. Dick Dresser also supported approval of the abandonment in order to achieve a quality housing project. The motion to deny CARRIED unanimously. AGENDA ITEM#17-CONSIDERATION OF SPECIAL USE PERMIT#SU96-02 FOR A CONSTRUCTION AND NURSERY STORAGE YARD TO BE LOCATED IN A "C-3" ZONING DISTRICT, LOCATED AT 17008 E. ENTERPRISE DRIVE,AKA LOTS 13 AND 14, BLOCK 2, FINAL PLAT 205. THIS ITEM WAS CONTINUED FROM THE MARCH 21, 1996, COUNCIL MEETING. Planner Geir Sverdrup stated that discussion at the March 21, 1996 Council meeting was continued to allow the architect to design future buildings for this site. Marvin Hamann addressed the Council starting with his request for 21 days from the time Council approved the project to apply for a building permit and 90 days from the date of issue to complete the project. He said he planned to submit his plans for a building permit by May 10th. He said he would first construct a temporary rear wall along the alleyway, clean up the area and then proceed with building the office warehouse structure. Mr Jeppson, Director of Community Development, pointed out that Mr. Hamann had requested a special use permit for a construction storage yard and now was requesting a different use. Mr. Hamann said he needed time to design his final plans and desired to construct a wall with panels and inserts which would be used for the office warehouse concept. Mr. Sverdrup said the construction storage yard was an interim use and the office warehouse plans were a future project. He stated the applicant was asking for some leeway so that a fence could be built around the perimeter of the parcel and utilized for his ultimate plans. Mr. Jeppson stated the construction storage yard should be approved separately from the office warehouse because there could be a problem with panels being approved as doorways for a loading zone. Both Mayor Cutillo and Councilman O'Brien pointed out to the applicant that an approval for a special use permit for a construction storage and nursery yard should not be deemed as approval for a mini-storage or office warehouse usage for this property. Mr. Hamann said in order to have his construction storage yard he had to construct a wall around the perimeter of the property and had plans for a wall with panels and inserts designed. Councilman Clark MOVED to approve the special use permit as contained in the staff report. Councilman Hudson SECONDED the motion. Councilman O'Brien AMENDED the motion to change Stipulation#4 of the staff report which regulated the time limit for applying for a building permit for the perimeter wall from 15 to 30 days after the Council's approval and to extend the completion time from 60 to 90 days after Council approval of the special use permit. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Mr. Jeppson said he was concerned that this type of perimeter wall would become permanent if the building plans for the future construction were not approved and that the Council was setting a precedent for allowing non- conforming types of fencing. He stated the special use permits usually involve a request for a use of property, not discussion regarding walls. He said he was also concerned that once the special use permit expired,the fence would still remain. Minutes of the Regular Session of the Town Council 04/18/96 Page 6 of 9 The motion CARRIED unanimously. L AGENDA ITEM #18 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT TO CHAPTER 12,COMMERCIAL ZONING DISTRICTS,SECTION 12.05 USES SUBJECT TO SPECIAL USE PERMITS IN C-2 ZONING DISTRICTS ONLY, TO PERMIT BUILDING MATERIAL SALES AND TO PERMIT PRINTING, LITHOGRAPHY AND PUBLISHING ESTABLISHMENTS. Town Manager Nordin stated this discussion would relate to the downtown area planning process. Councilman O'Brien called attention to the staff recommendation not to include printing, lithography and publishing establishments. Mr. Jeppson stated the developer had agreed with staff and were willing not to include those uses. Councilwoman Wiggishoff MOVED that the Council initiate an amendment to Chapter 12, Commercial Zoning Districts,to add building material sales and printing,lithography and publishing establishments subject to special use permits in C-2 districts. Mayor Cutillo SECONDED the motion. Councilman O'Brien AMENDED the motion to drop the printing, lithography and publishing establishments as a permitted use in C-2 districts. Vice Mayor Tibbetts SECONDED the motion. Mr. Jeppson stated if a print shop was permitted in a C-2 district, such as the downtown area, a barrier would be created between other retail businesses. A vote on the amendment FAILED with a 5-2 vote. Vice Mayor Tibbetts and Councilman O'Brien cast the aye votes. A vote on the motion CARRIED unanimously. AGENDA ITEM #19 - CONSIDERATION OF THE FINAL PLAT OF THE MIRAGE POINT SUBDIVISION, A 10.57 ACRE, 15-LOT SUBDIVISION, CASE NUMBER S96-016. Planner Jeff Valder stated the applicant had reduced the number of lots of this subdivision to 15 lots and staff recommended approval. Councilman Clark asked about Tract "A" being donated to the Town for use as a park. Mr. Valder said the triangular piece of land along the east side of El Pueblo was proposed to be given to the Town and staff had stipulated that it to be protected hillside property and it would remain as Open Space Recreational zoning. Mayor Cutillo MOVED to approve the final plat of the Mirage Point Subdivision, Case Number S96-016 with the stated stipulations. Councilman Clark SECONDED the motion which CARRIED unanimously. AGENDA ITEM#20- CONSIDERATION OF A PRELIMINARY PLAT FOR THE SUNRIDGE CANYON PARCEL "B" SUBDIVISION, A 20-LOT DEVELOPMENT LOCATED WEST OF GOLDEN EAGLE BOULEVARD AND SOUTH OF SIERRA MADRE DRIVE, CASE NUMBER S95-096. THIS ITEM IS CONTINUED FROM THE APRIL 4TH COUNCIL MEETING. Planner Jeff Valder stated the developer had changed his plans to provide a single access onto Golden Eagle Boulevard and kept 20 lots consistent with the Area Specific Plan. Minutes of the Regular Session of the Town Council 04/18/96 \or Page 7 of 9 Mayor Cutillo MOVED to approve the preliminary plat for Parcel "B" with the two staff stipulations. Councilwoman Wiggishoff SECONDED the motion. 111 Councilwoman Wiggishoff thanked the developer for his considerations in revising the plans. She expressed her concern that this design was sufficient but would result in a row of fourteen homes with only ten feet between them. Arnold Van Ruitenbeek spoke in favor of the single access onto Golden Eagle Boulevard asked about walls along rear lot lines of Lots 17 through 20. Mr. Valder stated a solid masonry wall would most likely be planned for those lots. The motion CARRIED unanimously. AGENDA ITEM #21 - CONSIDERATION OF THE FINAL PLAT OF THE TOKPELA SUBDIVISION, A 32.16 ACRE, 4-LOT SUBDIVISION, CASE NUMBER S95-71. Mr. Valder explained this 32-acre parcel located at Fountain Hills Boulevard and Palisades Boulevard had two owners. He stated that a church owned Lot 4 and another individual owned Lots 1, 2, and 3. He said a ten foot strip on eastbound Palisades for an acceleration lane would be provided by the owner and a six foot sidewalk would be constructed on Palisades Boulevard. Vice Mayor Tibbetts asked about median improvements along Fountain Hills Boulevard. Mr. Valder stated the owners would be entering into a development agreement with the Town concerning improvements. Councilman Lawrence MOVED to approve the Final Plat of the Tokpela Subdivision including stipulations 1 through 12. Councilman O'Brien SECONDED the motion which CARRIED unanimously. L AGENDA ITEM#22 - 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.) No one came forward from the public. AGENDA ITEM #23 - ADJOURNMENT. Councilman O'Brien MOVED to adjourn the meeting. Vice Mayor Tibbetts SECONDED the motion which CARRIED unanimously. The meeting adjourned at 9:50 p.m. Minutes of the Regular Session of the Town Council 04/18/96 Page 8 of 9 TOWN OF FOUNTAIN HILLS 1/10 By: John . Cutillo, Mayor • A 1"1'bST: CALAA.A.A_ )114A,A.A.--) Cassie B. Hansen, Town Clerk PREPARED BY: (' Linda D. Lemme , 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 18th day of April, 1996. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of May, 1996. 0_41442.2i Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 04/18/96 Page 9 of 9