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HomeMy WebLinkAbout1997.0123.TCRM.Miniutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 23, 1997 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30 P.M., Thursday,January 4, 1997, 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 Vice Mayor Lawrence, 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 (late), Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. 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 Planner Jeff Valder. Mayor Miles read the Consent Agenda which consisted of the following agenda items: AGENDA ITEM#2-CONSIDERATION OF RESOLUTION 1997-02,AMENDING AND RESTATING THE RETIREMENT PROGRAM FOR TOWN EMPLOYEES PURSUANT TO SECTION 457 OF THE INTERNAL REVENUE CODE;DIRECTING THE MAYOR AND TOWN MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY. AGENDA ITEM #3 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE PROPERTIES OF PACIFIC SOUTHWEST CONDOMINIUMS V, LOCATED AT 12031 LAMONT DRIVE,AKA PLAT 201, BLOCK 1, LOT 9, CASE # S96-061. AGENDA ITEM#4-CONSIDERATION OF A PRELIMINARY PLAT FOR THE EAST ALAMOSA PLACE CONDOMINIUMS,LOCATED AT 16827 E.ALAMOSA DRIVE,AKA PLAT 105,BLOCK 3,LOT 3,CASE # S96-062. AGENDA ITEM #5 - CONSIDERATION OF A FINAL REPLAT FOR PLAT 605-B, BLOCK 1, LOT 1, LOCATED AT 16012 E. GENOA WAY, A LOT SPLIT PROJECT, CASE # S96-053. AGENDA ITEM #6 - CONSIDERATION OF A REPLAT OF LOTS 73 AND 74 OF EAGLE MOUNTAIN PARCEL 8 TO ADJUST THE COMMON LOT LINE. AGENDA ITEM #7 - CONSIDERATION OF THE FINAL PLAT FOR EAGLE MOUNTAIN PARCELS 10/11, A 63 LOT SUBDIVISION ZONED R1-6A LOCATED ON 27.16 ACRES IN THE EAST-CENTRAL PORTION OF THE EAGLE MOUNTAIN DEVELOPMENT. AGENDA ITEM#8- CONSIDERATION OF THE FINAL PLAT FOR EAGLE MOUNTAIN PARCEL 14, A 48 LOT SUBDIVISION ON THE 14.15 ACRES IN THE EAGLE MOUNTAIN MASTER PLAT LOCATED NORTH OF PARCELS 10/11 IN THE EAST-CENTRAL PORTION OF THE EAGLE MOUNTAIN SUBDIVISION. Vice Mayor Lawrence MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the motion. A roll call vote was taken with the following results: Minutes of the Regular Session of the Town Council 01/23/97 Page 1 of 8 Councilman Poma Aye Councilwoman Wiggishoff Aye Councilman Apps Aye Councilman Mower Aye Councilman O'Brien Aye Vice Mayor Lawrence Aye Mayor Miles Aye The motion CARRIED. AGENDA ITEM #9 - CONSIDERATION OF THE APPOINTMENT/RE-APPOINTMENT OF THREE PARKS AND RECREATION COMMISSIONERS TO FILL EXPIRING TERMS. Councilman Poma MOVED to appoint John Kavanagh, Noreen Kurdzialek and Tim Brown to the Parks & Recreation Commission. Councilman Apps SECONDED the motion which CARRIED with a 6-1 vote. Vice Mayor Lawrence cast the nay vote. AGENDA ITEM #10 - INTRODUCTION OF JEFF SAMPSELL, THE 1997 SPRING RECREATION INTERN FOR THE PARKS AND RECREATION DEPARTMENT. Town Manager Nordin introduced and welcomed Jeff Sampsell as the new intern for the Parks & Recreation Department. Mr. Sampsell is a recent graduate of Purdue University with two degrees and was being assigned to coordinate various Spring projects in the Parks & Recreation Department. L AGENDA ITEM #11 - CONSIDERATION OF THE APPOINTMENT OF A TOWN ATTORNEY AND AUTHORIZATION TO EXECUTE AN AGREEMENT FOR TOWN ATTORNEY SERVICES FOR THE BALANCE OF FISCAL YEAR 1996/97. Vice Mayor Lawrence MOVED to award the Town Attorney position to William E. Farrell. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Both Vice Mayor Lawrence and Mayor Miles commented that although the RFP process had resulted in interviews with many outstanding attorneys, Mr. Farrell represented an excellent choice. AGENDA ITEM #12 - MONTHLY MAGISTRATE REPORT BY JUDGE STUART SHOOB. Judge Shoob reported that the month of December, usually a slower month, had produced 433 new cases, 360 of which had been terminated. He noted more criminal cases were being protested which resulted in more pre-trial conferences,jury trials and added staff preparation time. Minutes of the Regular Session of the Town Council 01/23/97 Page 2 of 8 AGENDA ITEM #13 - REPORT BY JACK FRASER ON THE RESULTS/REPORT OF GOVERNOR SYMINGTON'S STATE LANDS PRESERVATION TASK FORCE. Mr. Fraser reviewed the events which led to the formation of the State Lands Preservation Task Force. He outlined the Governor's mandate that 700,000 acres of land be set aside for state trust lands for conservation purposes. He said House Bill 2555 set up the Arizona Preserve Initiative which limited the number of acres by stipulating that the lands considered for the preserve fall within a specified number of mile(s) according to population of cities and towns. He stated the 13-member Task Force recommended the revenues generated from application fees be earmarked for land preservation and the establishment of a conservation fund which would combine donated funds with state allocations for acquisition of state trust lands for preservation purposes. Also, the formation of a study group to develop an amendment allowing for the exchange of State Trust lands and a change to extend beyond the current statutory boundaries was included among the recommendations. Mr. Fraser concluded that the Task Force had determined criteria for assessing lands under the Initiative. He said Representative Carolyn Allen had introduced House Bill 2303 which would implement the recommendations of the Task Force, primarily the extension to ten miles within the corporate limits of a town or city for acquisition of state trust lands. He pointed out that the application for the 1300-acre parcel of state trust land which was located just north of Fountain Hills would not be considered until a test case near Tucson was settled. He informed the County had adopted a revised policy regarding the disposal of park lands and included a copy of the policy with his report. Mary Pilarinos requested a copy of Mr. Fraser's report. She was informed to request copies from the Town Clerk's office. AGENDA ITEM #14 - DISCUSSION OF THE COMMUNICATION AND NOTIFICATION PROCESS ESTABLISHED BETWEEN THE TOWN(MAYOR,COUNCIL,STAFF)AND THE MARICOPA COUNTY SHERIFF'S OFFICE PERSONNEL AS SET FORTH IN THE CURRENT CONTRACT FOR LAW ENFORCEMENT SERVICES THE TOWN HAS WITH MARICOPA COUNTY. Councilman Apps asked for clarification of the procedures defined in Item #12 of the current law enforcement contract concerning establishment of service priorities. He read Item#12 which stipulated that the Mayor was the Town designee and suggested that information regarding any situation concerning MCSO should be provided to all Council members rather than just the Town's designee. Mayor Miles said he thought the chain of communication policy was established to run through the Mayor or his designee and the Sheriff or his designee. Town Attorney stated Mayor Miles was correct and that the terms were included to prohibit town officials from evaluating and directing MCSO employees. Vice Mayor Lawrence suggested the Sheriff's designee present a verbal quarterly report to the Council members. Councilman O'Brien suggested any resultant actions from the quarterly meetings be included on the next monthly report to Council members. AGENDA ITEM #15 - DISCUSSION OF ALTERNATIVE PLANS FOR THE FOUNTAIN HILLS BOULEVARD MEDIANS FROM PALISADES BOULEVARD TO PALISADES PLAZA 3RD DRIVEWAY, WITH POSSIBLE DIRECTION TO STAFF. Charles Boyd, representing the Palisades Plaza Limited Partnership, stated there wasn't a need for a raised median as planned along Fountain Hills Boulevard along the entire length of the shopping center. As an alternative, he suggested the Council wait until the stop signal was installed and review the traffic flow and/or problems at that time. He pointed out that only seven accidents had occurred on Fountain Hills Boulevard in the last 6-7 years since the shopping center was built and that these accidents would not have been prevented with a raised median. He predicted traffic would continually decrease on Fountain Hills Boulevard due to Palisades Boulevard being completed as an access road. He predicted that the construction of a raised median would delay traffic access and egress to Minutes of the Regular Session of the Town Council 01/23/97 Page 3 of 8 the shopping center and service station and that the economic aspect would also be affected. Town Engineer Randy Harrel stated the necessity for a raised median was critical at the location of Fountain Hills Boulevard and Palisades Boulevard. He said the important factor to be considered was the traffic safety factor. He noted the intersection would be more dangerous once the signal was installed at the intersection of Fountain Hills Boulevard and Palisades. Since the two northerly driveways had not been constructed as required by MCDOT's Roadway Design Manual, Mr. Harrel stated the driveway configuration was not acceptable according to current standards. He recommended the first driveway be located 115' from the arterial intersection as a right-turn only roadway and the second driveway location be eliminated. He pointed out that after a raised median was constructed the shopping center would have four full, direct accesses and two right-turn accesses that provided the best access of any shopping center in Fountain Hills. He said the waiting times might be longer, but not excessive. He stated the factor of legal liability problems in deviating from safety concerns might jeopardize the Town in future lawsuits. He pointed out that in 1993, the Council had approved the ultimate configuration which included the raised landscaped median. Mr. Harrel said the median was included as part of the Tokpela Subdivision plans and could be constructed as soon as building permits were issued. Mayor Miles pointed out that the only limitations that the raised median would cause would prevent left turns at the two northerly accesses close to Fountain Hills Boulevard. Vice Mayor Lawrence asked Town Attorney Farrell what the legal implications might be regarding the raised median construction. Mr.Farrell replied that there was an increase in auto accident litigations which included filings against municipalities that indicated negligence regarding the design,construction,maintenance and signing of the roadways that contributed to the accident. He supported the Town Engineer's recommendation for a raised median. Mr. Harrel suggested the two northerly driveways should be combined according to County standards. Kent Bro, owner of Four Sons Food Store, stated the construction of the raised median would severely affect the economic status of his business. He said conflict points would be created by the installation of a raised median and that the traffic had more significantly increased on Palisades Boulevard which should be considered the site for the raised median. He stated he had not received any information about the raised median directly from staff. Sharon Hutcheson said she was concerned that the closing of the two northerly access points on Fountain Hills Boulevard would result in additional problems with the access points on Palisades Boulevard. Mary Pilarinos agreed with Ms.Hutcheson's comments. Marshal Steve Gendler stated that a divided highway had fewer head-on accidents than a two-lane highway and that left turns could be considered dangerous in the future. Allen Hunt said based on his experience, he did not feel the safety concerns warranted the raised median construction. He urged the Council to do something about the traffic on Palisades and the accesses off Palisades. Mr. Boyd urged the Council to delay action on the raised median until traffic concerns were studied after the installation of an intersection signal. Councilman Mower MOVED to reconfirm the raised median as described in the staff report. Vice Mayor Lawrence SECONDED the motion. Councilman O'Brien said the only objection he had to the flush median was the allowance of left turns too close to the intersection. He stated he would listen to alternative solutions regarding his concern if the parties connected with the shopping center could provide them. He further stated actions of the Council in allowing left-hand turns by eliminating the raised median construction could be considered negligence in future legal actions. Councilman Poma said he was concerned about U-turns and left turns out of the gas station going south on Fountain Hills Boulevard. He favored combining the two driveways and allowing a cut in the median to allow left-turn access only into the shopping center. A roll call vote on the motion CARRIED with a 5-2 vote. Councilmen O'Brien and Poma cast the nay votes. AGENDA ITEM #16 - PUBLIC HEARING ON ORDINANCE 97-01, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE THE "CONSERVATION ZONING DISTRICTS" (AKA THE "N" ZONES) THAT WILL ALLOW FOR INCREASED LOT COVERAGE Minutes of the Regular Session of the Town Council 01/23/97 Page 4 of 8 PERCENTAGES IN CERTAIN ZONING DISTRICTS AND LIMIT DISTURBANCE IN ALL ZONING DISTRICTS, CASE NUMBER Z96-34 (CONTINUED FROM THE DECEMBER 12, 1996 MEETING). Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:04 p.m. Director of Community Development Gary Jeppson reviewed the"N" zones amendment which limited the maximum amount of land area that could be disturbed on any lot without giving a lot developer an amount of minimum guaranteed disturbance. He said this zoning district was proposed as a voluntary zoning district. He explained the disturbances allowed when a developer used either the Hillside Transfer or lot-by-lot option. He pointed out the conservation zoning district evolved from P&Z Commissioner Margaret Gelinas's preference to limit the maximum amount of disturbance on any one lot. He said she was concerned about the Hillside Transfer option being used to mass grade a subdivision. Councilman O'Brien said he couldn't see where the establishment of "N" zones would prevent mass grading. Councilman Mower suggested a PUD request be initiated rather than adopting the "N" zones. Leesa Fraverd, a member of the P&Z Commission, addressed the Council regarding mass grading aspects, lot coverage percentages, and minimum disturbance amounts that were not part of the ordinance. She called attention to the ordinance which did not provide percentages for multi-family districts and that mass grading would still occur. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:17 p.m. AGENDA ITEM #17 - CONSIDERATION OF ORDINANCE 97-01, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE THE "CONSERVATION ZONING DISTRICTS" (AKA THE "N" ZONES) THAT WILL ALLOW FOR INCREASED LOT COVERAGE PERCENTAGES IN CERTAIN ZONING DISTRICTS AND LIMIT DISTURBANCE IN ALL ZONING DISTRICTS, CASE NUMBER Z96-34 (CONTINUED FROM THE DECEMBER 12, 1996 MEETING) Councilman Apps MOVED to approve Ordinance 97-01. Vice Mayor Lawrence SECONDED the motion for discussion purposes. Councilman O'Brien stated he thought this ordinance was confusing and didn't add any improvements to the Zoning Ordinance. Councilman Apps said the P&Z reports issued to the Council had convinced him to vote for the ordinance amendment. A roll call vote was taken and the motion FAILED with a 6-1 vote. Councilman Apps cast the aye vote. AGENDA ITEM #18 - CONSIDERATION OF A PRELIMINARY PLAT FOR SUNRIDGE CANYON PARCEL"I",A 95.3707 ACRE,55-LOT SUBDIVISION LOCATED EAST OF SUNRIDGE DRIVE,NORTH OF DESERT CANYON DRIVE AND SOUTH OF THE NORTH HEIGHTS AREA OF TOWN, CASE NUMBER S96-033. Planner Jeff Valder stated this 55-lot subdivision was situated on a ridgeline and that the applicant requested to move the lots on the lower portion of the site up onto the ridgeline at the end of the cul-de-sac. He said the Area Specific Plan limited the lots and streets in the neighborhood to a 26-acre area. He said he had received opposition primarily because of the relocation of the lots and construction on the ridgeline at that location. Also, the cost of moving a high-tension power pole on the north side of the ridgeline would be borne between the applicant, Sunridge Canyon, and Salt River Project. Mr.Valder said the subdivision was zoned RI-10A with a 30' building height limit and that the Council could change that if they felt it was necessary. Ray Baldwin, Sunridge Canyon, agreed to share the expenses of moving the power pole and said the homes planned for this subdivision would be constructed as single story homes or limited to a 22' building height. Minutes of the Regular Session of the Town Council 01/23/97 Page 5 of 8 Councilman Poma MOVED to approve the preliminary plat for Parcel "I" of Sunridge Canyon. Vice Mayor Lawrence SECONDED the motion which CARRIED unanimously. There were no comments from the public. AGENDA ITEM #19 - CONSIDERATION OF A CUT AND FILL WAIVER FOR LOTS 1, 5, AND 11 IN THE PROPOSED PRELIMINARY PLAT FOR SUNRIDGE CANYON PARCEL "G-SOUTH", CASE NUMBER CFW97-01. Mr. Valder explained that there were three areas that needed either plan revision or a cut and fill waiver for excess fill. He said this relatively flat, pre-graded former effluent field site had recently been used for temporary storage of dirt from other projects in Sunridge Canyon. He said staff recommended approval of the cut and fill waiver. Vice Mayor Lawrence MOVED to approve the cut and fill waiver for Parcel "G-South" as presented. Councilwoman Wiggishoff SECONDED the motion. Leesa Fraverd pointed out the fill work had already been completed in violation without the approval of the Council. She said she was concerned about the number of current violations in the Town and urged the Council to follow through when complaints regarding violations occurred. Mayor Miles asked Ms. Fraverd to notify him of any violations she was aware of in the town. After conferring with Mr. Harrel, Mr. Nordin stated that he believed an effluent field grading permit had been issued for that site. The motion CARRIED with a 6-1 vote. Councilman Poma cast the nay vote. AGENDA ITEM#20-CONSIDERATION OF PRELIMINARY PLAT FOR SUNRIDGE CANYON PARCEL "G-SOUTH", A 17.55 ACRE, 55-LOT SUBDIVISION LOCATED EAST OF SUNRIDGE DRIVE AND SOUTH OF DESERT CANYON DRIVE, CASE NUMBER S95-053. Vice Mayor Lawrence MOVED to approve the preliminary plat as presented in the staff report. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM#21 - CONSIDERATION OF ALLOWING A LIMITED COLLECTOR ROADWAY FOR USE IN THE PROPOSED PRELIMINARY PLAT FOR SUNRIDGE CANYON PARCEL "K", WHICH WOULD PROVIDE ACCESS INTO WHAT WOULD OTHERWISE BE A NON-CONFORMING CUL-DE- SAC SUBDIVISION. Mr.Valder explained the Council had adopted an ordinance which allowed a cul-de-sac to have up to 90 lots as long as a limited collector roadway for the entrance road was used. The alignment and use of the roadway was stipulated to be separately considered. Vice Mayor Lawrence MOVED to approve the limited collector roadway for Parcel "K"in Sunridge Canyon subdivision. Councilman Mower SECONDED the motion. Vice Mayor Lawrence inquired whether the limited collector roadway would have a median to prevent the whole roadway from being blocked in cases of emergency situations. Mr. Valder answered that a median was planned. The motion CARRIED unanimously. AGENDA ITEM #22 - CONSIDERATION OF A PRELIMINARY PLAT, A 22.035 ACRE, 37-LOT SUBDIVISION LOCATED EAST OF SUNRIDGE DRIVE AND NORTH OF DESERT CANYON DRIVE, CASE NUMBER S96-048. Minutes of the Regular Session of the Town Council 01/23/97 Page 6 of 8 Vice Mayor Lawrence MOVED to approve the preliminary plat from Parcel "K", Case Number S96-048. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM#23 - 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.) Mary Murphy addressed the Council about a personal matter concerning information obtained from the Marshal's Department at the request of a Council member. AGENDA ITEM #24 - PURSUANT TO A.R.S. 38-431.03.A.7. AND A.R.S. 38-431.03.A.3.; VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE OR LEASE OF REAL PROPERTY; AND FOR DISCUSSIONS OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; RESPECTIVELY. AGENDA ITEM #25 - RETURN TO REGULAR SESSION. Mr. Nordin stated there was no need for an Executive Session. AGENDA ITEM #26 - ADJOURNMENT. Councilwoman Wiggishoff MOVED to adjourn the meeting. Councilman Apps SECONDED the motion which CARRIED unanimously. Mayor Miles adjourned the meeting at 8:54 p.m. Minutes of the Regular Session of the Town Council 01/23/97 Page 7 of 8 TOWN OF FOUNTAIN HILLS Ler By: �4.Jerry/20/1 .6 i esl Mayor A WEST: 4;3 51,14-4,v4A--A-) Cassie B. Hansen, Town Clerk PREPARED BY: !7�l,,`d_,_ 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 23rd day of January, 1997. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of February, 1997. e_A-44-4-1A—`46 Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 01/23/97 Page 8 of 8