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HomeMy WebLinkAbout1996.1205.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 5, 1996 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30 P.M., Thursday, December 5, 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 led by Girl Scout Troop #218 and the invocation given by Councilman Al Poma, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Lawrence and Councilmembers Bill O'Brien, Sid Apps, Al Poma and Penfield Mower. Councilwoman Marianne Wiggishoff was absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen,Director of Community Development Gary Jeppson, Town Engineer Randy Harrel and Planners Jeff Valder and Geir Sverdrup. Councilman Apps requested Agenda Item #3 be removed from the Consent Agenda for further discussion. AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF NOVEMBER 7, 18, AND 19, 1996. Councilman Mower MOVED to approve the minutes of November 7, 18 and 19, 1996. Councilman Apps SECONDED the motion which CARRIED unanimously. 41110, AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1996-86, PURSUANT TO A.R.S. 23-901.06, DECLARING THE VOLUNTEER TOWN RISK MANAGER AN "EMPLOYEE" FOR PURPOSES OF WORKER'S COMPENSATION BENEFITS. Town Manager Paul Nordin explained that the Council had chosen Wally Hudson to act as the Town's Risk Manager and according to Arizona State Statutes, he should be included under the Town's workers compensation policy. He pointed out that the annual insurance fee would be approximately $20.00. Councilman Apps asked if this addition would affect the Town's coverages that were currently in force. Town Attorney Bill Farrell affirmed that it would not affect the Town's status in the liability pool. Vice Mayor Lawrence MOVED to approve Resolution 1996-86. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM#4-CONSIDERATION OF A TEMPORARY USE PERMIT FOR A BED&BREAKFAST LOCATED AT 15253 NORTH SKYLARK CIRCLE AKA LOT 6,BLOCK 2, PLAT 429, CASE#TU96-19. Planner Geir Sverdrup stated staff had received eight written protests along with four letters of support. He stated the request for a temporary use permit met all the requirements of the Zoning Ordinance and that staff recommended approval of the request. Mayor Miles asked if any complaints had been received on the existing bed and breakfast operation operated by the applicant. Mr. Sverdrup answered that no complaints had been received by any member of the P&Z staff or the Maricopa County Planning Department regarding any of the bed and breakfast establishments in the town. Marshal Steve Gendler stated there were no sustained complaints concerning any of the bed and Minutes of the Regular Session of the Town Council 12/05/96 Page 1 of 5 breakfast locations in the town. Councilman Poma MOVED to approve the temporary use permit,Case#TU96-19. Councilman Apps SECONDED the motion. Bruce Hamp stated a bed and breakfast in the neighborhood might set a precedent for future uses in his area, expressed his concern about increased traffic flow and stated children could be in danger due to the cul-de-sac location of the B&B. Traci Stephens, who currently lives next door to the applicant, spoke in favor of the request. Tom Carlson, husband of the applicant, pointed out that there was another home-based business, Sunset Pools, located in the same area and that the traffic caused by the operation of a B&B would be minimal. Susan Sattari, owner of the adjacent property, stated her four children played with others in the cul-de-sac area. She said she preferred the area to remain a residential neighborhood and asked the Council to deny a commercial venture such as requested. Mike Gridere, a next door neighbor to the current B&B operated by the applicant, said he never heard any noise or realized any traffic problems. Ray Feller, an adjacent property owner to the proposed location, stated he supported a B&B use in his area. Paul Kostura, a resident living opposite the proposed location,said his property rights would be violated by a commercial enterprise in his neighborhood. He pointed out that a bed and breakfast usage was not a temporary use in a residential area. Cathy Sife, who lives in the area of the present B&B, said she supported the Carlson's request. Jose Sattari predicted future problems having a commercial usage in a residential zone. Pam Carlson, the applicant, viewed her B&B venture as an asset to the community. Mayor Miles pointed out that the request for a B&B was totally compatible with the residential zoning district. He said he had impressed by the present neighbors of the Carlsons' and their recommendations. Due to the fact no complaints had been made, he said he would support the request. Vice Mayor Lawrence stated that since the temporary use permit was for a two year period with an annual review after that time, the permit could be denied after two years if there was just cause. He encouraged the residents in the Skylark Circle area to give the applicant a fair chance. The motion CARRIED unanimously. AGENDA ITEM #5 - CONSIDERATION OF ESTABLISHING A PROCESS FOR THE REVIEW OF LEGAL SERVICE PROPOSALS AND SELECTION OF A TOWN ATTORNEY FOR FOUNTAIN HILLS. Town Manager Nordin stated eleven proposals had been received and that copies had been distributed to all Council members. He asked for the Council's direction as to how to proceed. Mayor Miles pointed out that the original committee that created the RFP consisted of Councilmen O'Brien,Apps, Mr. Nordin and himself. He suggested the committee be asked to review the proposals and set up an interview schedule. Vice Mayor Lawrence asked Mr. Nordin why all the proposals were not stamped with the date they were received and whether the proposals had been all been received prior to the deadline date of December 1st. Mr. Nordin said he was not certain of the date they were received but that since December 1st was a Sunday, several proposals were accepted on Monday, December 2nd. Vice Mayor Lawrence asked when the proposals, submitted in sealed envelopes, were opened. Mr. Nordin said they were opened at the time of receipt by his assistant. Vice Mayor Lawrence stated that since the due date was not until December 1st, there was a position of vulnerability to accusations from applicants and that the Town might be liable for undue process. Mr. Nordin assured the Council that the confidentiality had not been breached and that no proposals had been accepted after December 2nd. Councilman Poma suggested a policy be created for RFP's in the future. Vice Mayor Lawrence MOVED to authorize the RFP committee to proceed with the review of the proposals and recommend an interview schedule. Councilman Poma SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 12/05/96 Page 2 of 5 AGENDA ITEM #6 - CONSIDERATION OF THE COMMUNITY CENTER ADVISORY COMMISSION RECOMMENDATION ON THE PROCESS TO BE USED IN THE SELECTION OF AN ARCHITECT FOR THE NEW COMMUNITY CENTER. Walt Franklin, Chairman of the Community Center Advisory Commission, stated that even though Hoffman-Dietz had completed substantial preliminary work for the Community Center,the Commission had recommended the Town proceed with the regular bidding process for selection of a design architect. His committee recommended the Council appoint a five-person committee consisting of two council members, the Town Manager and two citizens from the CCAC to advertise an RFP in December. He outlined a proposed schedule which consisted of receiving proposals by mid-January, 1997,selection of candidates for interviews by the end of January,interviews in February, and recommendation to the Council in March. He stated this schedule would put the beginning processes approximately six months ahead of schedule. Vice Mayor Lawrence and Councilwoman Wiggishoff volunteered to serve on the committee to select a design architect. Councilman Mower MOVED to appoint Vice Mayor Lawrence and Councilwoman Wiggishoff as members of the committee to select an architect for the Community Center. Councilman Apps SECONDED the motion which CARRIED with 5 votes. Vice Mayor Lawrence abstained from voting. AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1996-87,APPROVING AND ACCEPTING THE TRANSFER OF TITLE OF APPROXIMATELY 159 PARCELS OF LAND,MORE COMMONLY KNOWN AS "THE WASHES", FROM THE OWNER OF RECORD TO THE TOWN OF FOUNTAIN HILLS. Town Attorney Farrell stated the preliminary title reports had been completed which permitted the transfer of approximately 159 parcels of land from MCO to the Town of Fountain Hills. Councilman Apps MOVED to approve Resolution 1996-87. The motion was SECONDED by Councilman Mower. Vice Mayor Lawrence stated he had several concerns about assumption of the wash properties and the elimination of it from the tax roll. He said the school district as well as the sanitary and fire districts would be affected. He indicated his concerns about liability issues of the Town as well as the cost of maintenance and clean up expenses. He viewed the ownership of the washes as no benefit to the Town. A roll call vote was taken and the motion CARRIED with a 5-1 vote. Vice Mayor Lawrence cast the nay vote. AGENDA ITEM #8 - CONSIDERATION OF ORDINANCE 96-50, A PROPOSED AMENDMENT TO CHAPTER 5,SECTION 5.09 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PROHIBIT WALLS,FENCES OR HEDGES OVER 3.5 FEET IN HEIGHT NEARER TO ANY PUBLIC OR PRIVATE STREET RIGHT-OF-WAY LINE THAN A DISTANCE EQUAL TO THE STREET SIDE-YARD SETBACK DISTANCE OF THE UNDERLYING ZONING DISTRICT, CASE NUMBER Z96-24. Planner Jeff Valder presented a slide show of photos he took primarily in Cottomwood and Sunridge Canyon subdivisions with examples of walls and landscaped areas. Councilman O'Brien said he thought a 20' area between a wall and the street curb would be acceptable if it were landscaped but related that some areas had not been landscaped. Mr. Valder said the requirements of the ordinance would affect 20-25 existing lots. He pointed out there was a 20' wide completely-open setback requirement for a major collector or arterial road for walls in excess of 3.5 feet in height. Minutes of the Regular Session of the Town Council 12/05/96 Page 3 of 5 Mayor Miles said he wasn't persuaded that this ordinance was fulfilling any particular need. He said a 10' non- landscaped tract was better than a 20' non-landscaped area. Councilman Poma said he thought the provisions of the Ordinance could be determined as a'taking'. He suggested a side wall on a corner location be constructed to prevent obstruction of traffic views. Councilman Apps MOVED to approve Ordinance 96-50. Councilman Mower SECONDED the motion. Councilman Mower suggested an amendment. He MOVED to adopt Ordinance 96-50 as incorporated into the newly revised Subdivision Ordinance. Town Attorney Farrell stated this motion was legally unacceptable. Councilman Poma MOVED to amend the ordinance to provide a sight easement line at corner locations. Mr.Valder stated the Town Engineer usually evaluates similar issues when a subdivision plat comes under review. Mayor Miles suggested the Council vote on the original motion to approve and if the motion failed, staff could consider alternatives. A roll call vote was taken and the motion FAILED with a 4-2 vote. Councilman Apps and Mower case the aye votes. AGENDA ITEM#9-CONSIDERATION OF THE CONTRACT FOR TRANSPORTATION MODEL WITH KIMLEY-HORN FOR ENGINEERING SERVICES. Mr. Nordin explained that the $35,000 contract provided for a comprehensive traffic study of the major and minor corridors in the community to help determine future traffic flows. He stated MCO Properties had agreed to pay $20,000 of the contract fees and the Town would pay an additional $5,000 for the software for this program. Mr. Nordin suggested additional arterial streets could be constructed as a result of the traffic study. The downtown area would also be part of the traffic study. Councilman O'Brien MOVED to approve the engineering services contract with Kimley-Horn. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM #10 - CALL TO THE PUBLIC. Edwin Keye addressed the Council with his concerns over the growing number of burglaries in Fountain Hills. He urged the Council to take immediate action to insure the residents' security. AGENDA ITEM #11 - ADJOURNMENT. Vice Mayor Lawrence MOVED to adjourn the meeting. Councilman Mower SECONDED the meeting which CARRIED unanimously. Mayor Miles adjourned the meeting at 7:48 p.m. Low Minutes of the Regular Session of the Town Council 12/05/96 Page 4 of 5 TOWN OF FOUNTAIN HILLS By: / / — l C Je Miles, ayor A FIEST: 0-4-44-4 -.LJ L-I ..) Cassie B. Hansen, Town Clerk PREPARED BY: L _ �„ ,J Linda D. Le en, 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 5th day of December, 1996. I further certify that the meeting was duly called and that a quorum was present. DATED this 19th day of December, 1996. Ct— 4 / )Jtt,K.4, Cassie B. Hansen, Town Clerk Lir Minutes of the Regular Session of the Town Council 12/05/96 Page 5 of 5