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Home My WebLink About1996.0606.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 6, 1996 A public meeting of the Fountain Hills Town Council was called to order by Vice Mayor Lawrence at 6:30 P.M., Thursday, June 6, 1996, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building B, Fountain Hills, Arizona. AGENDA ITEM #1 - ADMINISTRATION OF OATH OF OFFICE TO MAYOR-ELECT MILES, COUNCILMAN-ELECT APPS, COUNCILMAN-ELECT POMA AND COUNCILMAN-ELECT MOWER. THE OATH WILL BE ADMINISTERED BY COUNTY ATTORNEY RICK ROMLEY. Maricopa County District Attorney Rick Romley administered the oath of office to Al Poma and Sid Apps as newly elected Councilmembers and Jerry Miles as the newly elected Mayor. AGENDA ITEM#2- MEETING CALLED TO ORDER, PLEDGE TO THE FLAG, INVOCATION, ROLL CALL, AND OPENING STATEMENT BY MAYOR MILES. Eagle Scout Ryan Travis lead the pledge to the flag and the invocation was given by Reverend Len Engstrom of the Fountain Hills Presbyterian Church. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Don Lawrence and Councilmembers Bill O'Brien,Marianne Wiggishoff, lboo Sid Apps and Al Poma. Penfield Mower was absent. Also present were Director of Community Development Gary Jeppson, Town Engineer Randy Harrel, Town Clerk Cassie Hansen and Planners Jeff Valder and Geir Sverdrup. Mayor Miles gave a brief opening statement. Mayor Miles read the Consent Agenda which consisted of the following agenda items. Vice Mayor Lawrence asked to remove Agenda Item #4 for separate discussion. AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF MAY 16TH AND 28TH, 1996. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1996-43, AUTHORIZING THE TOWN, PURSUANT TO A.R.S. 28-2603, TO USE UP TO TEN PERCENT OF LOCAL TRANSPORTATION ASSISTANCE FUND MONIES FOR ALL USES AS ALLOWED BY LAW. AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1996-38,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY AND EASTERLY PROPERTY LINES OF LOT 43, BLOCK 3, PLAT 505C (15730 E. RICHWOOD), AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (MCSWAIN - EA96-17) Minutes of the Regular Session of the Town Council 06/06/96 Page 1 of 6 AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1996-39,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE EASTERLY PROPERTY LINE OF LOT 6, BLOCK 5, PLAT 206 (12239 N. CHAMA), AS RECORDED IN BOOK 147 OF MAPS, PAGE 2, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (WOLFE - EA96-26) AGENDA ITEM#8-CONSIDERATION OF RESOLUTION 1996-40,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY PROPERTY LINE OF LOT 22, BLOCK 1, PLAT 213 (15010 N. STRATFORD CIRCLE),AS RECORDED IN BOOK 155 OF MAPS,PAGE 24,RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (MEITZ - EA96-25) AGENDA ITEM#9-CONSIDERATION OF RESOLUTION 1996-41,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY AND EASTERLY PROPERTY LINES OF LOT 13, BLOCK 2, PLAT 506B (15106 E. MARATHON), AS RECORDED IN BOOK 159 OF MAPS, PAGE 3, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (KAHLOR - EA96-24) AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 1996-42, ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY PROPERTY LINE OF LOT 47, BLOCK 1, PLAT 505B (15832 N. BOULDER), AS RECORDED IN BOOK 158 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (SANDERSON - EA96-27) AGENDA ITEM #11 - CONSIDERATION OF ACCEPTING THE DEED OF DEDICATION FOR PALISADES BLVD.RIGHT-OF-WAY FROM SHEA BLVD.TO LOST HILLS DRIVE FROM MCO,WITH STIPULATIONS. AGENDA ITEM#12-CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY FOR THE INSTALLATION AND MAINTENANCE OF A FLOOD WARNING SYSTEM, IGA #FCD 96-010. AGENDA ITEM#13-CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF WATER RESOURCES FOR A FLOOD WARNING SYSTEM, IGA #92- 21861GA. Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the motion. A roll call vote was taken with the following results: Councilman Poma Aye Councilwoman Wiggishoff Aye Councilman Apps Aye Councilman O'Brien Aye Vice Mayor Lawrence Aye Mayor Miles Aye The motion CARRIED unanimously. Minutes of the Regular Session of the Town Council 06/06/96 Lir Page 2 of 6 AGENDA ITEM #4 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION FOR THE FOUNTAIN HILLS EXPRESS. THE APPLICATION FOR THE CLASS 10 LICENSE HAS BEEN SUBMITTED BY THE BUSINESS' NEW OWNERS, YOUSIF AND VICTORIA DOHA. Vice Mayor Lawrence asked Marshal Gendler if the location of a Class 10 license was required to be a specific distance from churches. Marshal Gendler said a distance of 300' did not apply to a Class 10 license for the sale of beer and wine. Councilman Poma MOVED to approve the liquor license application. Councilwoman Wiggishoff SECONDED the motion which, after a roll call vote, CARRIED unanimously. AGENDA ITEM #14 - CONSIDERATION OF APPOINTING VICE MAYOR LAWRENCE TO CHAIR A RECOGNITION COMMITTEE TO INVESTIGATE AND RECOMMEND APPROPRIATE WAYS TO RECOGNIZE MAYOR CUTILLO. Councilwoman Wiggishoff MOVED to approve the appointment of Vice Mayor Lawrence to chair a Recognition Committee to acknowledge the Town's first mayor,John Cutillo. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM #15 - CONSIDERATION OF APPOINTING A COUNCIL REPRESENTATIVE TO THE FOUNTAIN HILLS ADOPT-A-STREET PROGRAM. Town Manager Paul Nordin suggested the former Council representative, Wally Hudson, be retained as a citizen member of this program. Councilman Apps MOVED to appoint Penfield Mower as the new Council liaison member to the Adopt-A-Street Program. Vice Mayor Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM #16 - CONSIDERATION OF RESOLUTION 1996-44, AUTHORIZING THE TOWN TO APPLY FOR MEMBERSHIP IN SISTER CITIES INTERNATIONAL; DIRECTING THE PAYMENT OF RESERVATION FEES FOR THE MAYOR AND ANY INTERESTED COUNCIL MEMBERS TO THE INTERNATIONAL CONVENTION OF SISTER CITIES INTERNATIONAL; AND AUTHORIZING THE MAYOR TO APPOINT A CITIZEN COMMITTEE TO WORK WITH THE COUNCIL TO EXPLORE THE POSSIBILITY OF ACQUIRING A SISTER CITY. Mayor Miles gave information relative to the Sister Cities Program. He stated there were 1,065 participating cities in the U.S., 17 of which were located in Arizona. He said he had talked to members of the Civic Association including Alan Cruikshank who indicated he would be willing to chair this committee. Vice Mayor Lawrence said he approved of the Sister Cities concept for promoting good will and favored the membership application. He also stated he thought it was a good idea for the transportation, meals and lodging expenses to remain a responsibility of attending councilmembers, not taxpayers. Vice Mayor Lawrence MOVED to approve Resolution 1996-44 as presented. Councilwoman Wiggishoff SECONDED the motion. Mayor Miles pointed out the membership fee was $280.00 annually. The motion CARRIED unanimously. AGENDA ITEM#17 -YEARLY UPDATE STATUS REPORT,WITH POSSIBLE DIRECTION TO STAFF TO INITIATE A GENERAL PLAN UPDATE. Minutes of the Regular Session of the Town Council 06/06/96 Page 3 of 6 Director of Community Development Gary Jeppson stated the General Plan was required to be updated annually as required by state law. He reviewed some areas of concern, namely the washes, areas where zoning was changed from multi family to single family, economic development reviews, and update of the land use map. He suggested the Council direct the Planning & Zoning Commission to update the General Plan upon completion of the Subdivision Ordinance. Councilwoman Wiggishoff MOVED the Council direct the Planning&Zoning Commission to initiate and update the Fountain Hills General Plan as soon as possible. Councilman Apps SECONDED the motion. Bill McGivern asked whether the General Plan had been updated as required by statute. Mr. Jeppson stated the Town had conducted update reviews of the General Plan and five amendments had been made since it was adopted in 1993. He pointed out the reviews resulted in insignificant changes to effect a massive update, however, with the information now obtained relating to the growth trends and special census figures, he suggested a more comprehensive update was in order. The motion CARRIED unanimously. AGENDA ITEM #18 - PRESENTATION BY SRP ON POWER RELIABILITY AND SYSTEM IMPROVEMENTS. Eric Gorsegner,Government Relations Representative for Salt River Project, introduced several members of his staff who would spearhead the new rebuild program for Fountain Hills. He pointed out that approximately seven million dollars was planned for replacement of the Town's underground cable system in Fountain Hills in the next yeart He commended the Town staff for their cooperation and assistance in the planning process. Also,Lois Baghdasarian. project manager for the cable replacement program, told the Council the Cable Asset Program replaces the existing electrical system with new electric lines inside protective conduit. She said the staff would have a temporary operations office located south of Shea Boulevard at Saguaro and estimated the office would open on June 17th. She further stated letters of information would be mailed to Fountain Hills property owners detailing the planned improvements and work schedules. The first phase area was proposed for Gunsight to Shea Boulevard, Fountain Hills Boulevard to the eastern border of the Town. Mayor Miles thanked the Salt River Project representatives for their presentation. AGENDA ITEM #19 - SLIDE PRESENTATION OF PARKS AND RECREATION PROGRAMS. A slide presentation was given by Noreen Kurdzialek,Vice Chairman of the Parks and Recreation Commission. She highlighted the various programs of the past fiscal year. She stated the programs offered through the Parks and Recreation Department were very well attended by citizens and children of all ages. AGENDA ITEM #20 - CONSIDERATION OF APPROVING THE LOCATION OF VOLLEY BALL COURTS IN GOLDEN EAGLE PARK. Town Manager Nordin pointed out the present location of the volleyball courts was isolated from other activity areas in Golden Park and recommended the courts be relocated behind the softball field#4 and relocate the horseshoe pits to the southern portion of the park. Councilman O'Brien asked about the height of the fence between the volleyball and baseball fields. Bob Thompson,a landscape architect from E Group,answered that the height would be ten feet. Vice Mayor Lawrence asked about the linear feet of the 10' fence. Mr. Thompson said a distance of 30' would Minutes of the Regular Session of the Town Council 06/06/96 Lir Page 4 of 6 cover the actual playing area and additional trees would be planted between the areas as well. Vice Mayor Lawrence MOVED to approve the relocation of the volleyball courts to Alternate Site#3 as presented and recommended by staff. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM #21 - PUBLIC HEARING ON ORDINANCE 96-22, REZONING 9.8 ACRES OF LAND FROM "R-3" TO "R1-10" ZONING DISTRICT. LOCATED SOUTH OF COLONY WASH, EAST OF MOUNTAINSIDE DRIVE AND WEST OF FOUNTAIN HILLS BLVD. AKA THE "NYBY" PROPERTY. CASE # Z96-08. Mayor Miles recessed the Regular Session of the Town Council meeting and opened the public hearing at 7:24 p.m. He asked Planner Geir Sverdrup to present a brief staff report. Mr. Sverdrup stated a preliminary plat had not been received and this rezoning would result in five large lots in the 9.8 acre parcel. Vice Mayor Lawrence asked about access routes to the lots. Mr. Sverdrup stated there would be two streets for access to the five lots, one at Fountain Hills Boulevard near Segundo and the other a shared access at a modified hammerhead cul-de-sac at Thistle. He said there would not be a through street thru this parcel. No one from the public spoke for or against the rezone request. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:27 p.m. AGENDA ITEM #22 - CONSIDERATION OF ORDINANCE 96-22, REZONING 9.8 ACRES OF LAND FROM "R-3" TO "R1-10" ZONING DISTRICT. LOCATED SOUTH OF COLONY WASH, EAST OR MOUNTAINSIDE DRIVE AND WEST OF FOUNTAIN HILLS BLVD. AKA THE "NYBY" PROPERTY. CASE # Z96-08. Councilwoman Wiggishoff MOVED to approve Ordinance 96-22. Councilman Poma SECONDED the motion. CHIP Vice Mayor Lawrence asked if the staff recommended that Thistle Drive would not be a through street to Fountain Hills Boulevard. Mr. Jeppson stated the grade at Thistle Drive would require extensive cutting and filling and was not recommended as a through street. After a roll call vote, the motion CARRIED unanimously. AGENDA ITEM #23 - CALL TO THE PUBLIC. Bill McGivern addressed the Council regarding the recently held, seven-day ASU Pat Murphy Baseball Clinic at Golden Eagle Park. He stated the baseball diamonds had not been maintained on a daily basis even though maintenance fees had been paid in advance. He suggested the Parks and Recreation Department issue a letter of apology and refund $500 of the fees charged. AGENDA ITEM #24 - ADJOURNMENT. Mayor Miles adjourned the meeting at 7:32 p.m. • Minutes of the Regular Session of the Town Council 06/06/96 Page5of6 TOWN OF FOUNTAIN HILLS //By: &:1‘ /J5>try Dees, • A 1"I'EST: 31-44-4---t Cassie B. Hansen, Town Clerk PREPARED BY: —O ) 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 6th day of June, 1996. I further certify that the meeting was duly called and that a quorum was present. DATED this 20th day of June, 1996. Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 06/06/96 Page 6 of 6