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HomeMy WebLinkAbout1999.0401.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 1, 1999 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M.,Thursday,April 1, 1999, 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 Councilman Poma, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Penfield Mower and Councilmembers John Wyman, Sharon Hutcheson, Sid Apps, Marianne Wiggishoff, and Al Poma. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town Engineer Randy Harrel, Director of Community Development Jeff Valder and Planners Geir Sverdrup and Dana Burkhardt. Mayor Morgan announced that Agenda Item #11 called for a proclamation to be issued to the Lopack family in honor of the Fountain Restaurant. Due to Mrs. Lopack's sudden death, no proclamation would be issued at this time. She conveyed her condolences to the family and applauded the Lopack's business, which was concluded on April V. She then read the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF MARCH 18TH, 1999. AGENDA ITEM #2 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY GARY DAVIS FOR THE ALAMO SALOON LOCATED AT 11807 NORTH SAGUARO BOULEVARD. THE APPLICATION IS FOR A "PERSON TRANSFER" OF A SERIES 6(BAR) LIQUOR LICENSE. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY DAVE EVANS FOR THE ARIZONA POLICE ATHLETIC FEDERATION FOR A BIKE RACE TO BE HELD ON APRIL 10, 1999 FROM 8:00 A.M. TO NOON. PARTICIPANTS WILL "PASS THROUGH"FOUNTAIN HILLS AND NO STREET CLOSURES WILL BE REQUIRED. AGENDA ITEM #4 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST #58 FOR A CASINO NITE ON FRIDAY, APRIL 16, 1999. THE EVENT WILL BE HELD AT THE CHURCH OF THE ASCENSION CATHOLIC CHURCH, 12615 N. FOUNTAIN HILLS BOULEVARD,AND PROCEEDS WILL BENEFIT THE LEGION'S BUILDING FUND. AGENDA ITEM #5 - CONSIDERATION OF AUTHORIZING AN APPLICATION TO THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR A GRANT IN THE AMOUNT OF $10,581. THE GRANT, WHICH WOULD BE USED TO PURCHASE A KUSTOM SPEED TRAILER,REQUIRES NO MATCHING FUNDS FROM THE TOWN. L AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1999-15 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC Town Council Regular Session 4/1/99 Page 1 of 6 Lw UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHWESTERLY PROPERTY LINE OF PLAT 206, BLOCK 8, LOT 18 (12076 N. CHAMA DRIVE) AS RECORDED IN BOOK 148 OF MAPS, PAGE 47 RECORDS OF MARICOPA COUNTY, ARIZONA. (RODRIGUEZ—EA99-05) AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1999-16 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN A CERTAIN 33' ROADWAY EASEMENT LOCATED ALONG THE WESTERLY LINE OF SECTION 27 AND LYING WITHIN THE MASTER PLAT OF FIREROCK(COUNTRY CLUB). (FIREROCK LLC -EA99-06). AGENDA ITEM #8 - CONSIDERATION OF A PARTICIPATION AGREEMENT FOR THE TIOGA AND FALCON DRIVE PAVING PROJECT. AGENDA ITEM #9 - CONSIDERATION OF THE FINAL RE-PLAT OF SUNRIDGE CANYON G-SOUTH LOT 33 AND TRACT "E", A LOT RECONFIGURATION PROJECT, LOCATED ON CACTUS DRIVE WITHIN THE SUNRIDGE CANYON AREA SPECIFIC PLAN, CASE #S99-008. AGENDA ITEM#10 - CONSIDERATION OF A REPLAT OF LOT 6 AND TRACT B, BLOCK 6, PLAT 201. Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Vice Mayor Mower SECONDED the motion. A roll call vote was taken with the following results: Councilman Apps Aye Councilman Wyman Aye Vice Mayor Mower Aye Mayor Morgan Aye Councilman Poma Aye Councilwoman Wiggishoff Aye Councilwoman Hutcheson Aye The motion CARRIED. AGENDA ITEM #11 - PRESENTATION OF PROCLAMATION TO RON AND RUTH ANN LOPACK FROM THE FOUNTAIN RESTAURANT. AGENDA ITEM #12 - QUARTERLY REPORT BY TONY BASS OF IMAGINE RECOVERY RESOURCES ON THE SUBSTANCE ABUSE TREATMENT PROGRAM ESTABLISHED AT THE FOUNTAIN HILLS HIGH SCHOOL AND FUNDED BY THE TOWN FOR FY '98-99. Mr. Bass referred to the major points of his report. The grant had funded outpatient treatment and efforts to target students who needed help staying sober. He called attention to the low support group attendance, which was designed for kids not in treatment. Only one referral from the High School had been received and he noted that the Marshal's Dept. had actively been passing out his business cards to parents and kids at risk. Councilwoman Hutcheson asked if he had any suggestions for future programs. Mr. Bass stated he was available to write a drug intervention policy for the schools. Councilwoman Wiggishoff expressed her concerns about the cooperation needed from the schools prior to funding a drug Town Council Regular Session 4/1/99 Page 2 of 6 program. Councilman Poma suggested putting Mr. Bass's phone numbers on Channel 11 in an attempt to Lri advertise services his company provides to parents and students. A resident, "Rocky", spoke in support of this drug treatment program and urged the Council to support future efforts to curtail drug problems among students in the community. AGENDA ITEM #13 - CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR A LOT SPLIT OF LOT 33, BLOCK 2, PLAT 505-A, AKA 15839 E. TEPEE DRIVE, CASE NUMBER S99-005. Councilwoman Hutcheson stated information had been recently received regarding this matter and MOVED to continue discussion until after clarification was received from the Town Attorney. Councilman Poma SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #14 - CONSIDERATION OF A CUT AND FILL WAIVER REQUEST FOR A 17.9 FOOT, 13.2 FOOT AND TWO 12.1 FOOT CUTS IN FIREROCK COUNTRY CLUB PARCEL"D", CASE NUMBER CFW99-01. Planner Geir Sverdrup stated that after cul de sacs had been redesigned for Parcel "D", several cut and fill requests were necessary. Councilwoman Wiggishoff MOVED to approve the cut and fill waivers as presented. Councilman Wyman SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #15 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE FIREROCK COUNTRY CLUB PARCEL "D" SUBDIVISION,A 55.42 ACRE,41 LOT,2 TRACT SUBDIVISION LOCATED EAST OF FIREROCK COUNTRY CLUB DRIVE AND NORTH OF TOMBSTONE AVE WITHIN THE FIRE ROCK COUNTRY CLUB AREA SPECIFIC PLAN, CASE#S99-001. Mr. Sverdrup stated this request for a preliminary plat contained a significant change from the Area Specific Plan, which resulted in a new design, smaller loop road, and a 2300' long cul de sac. He said staff did not want to amend the Supplemental Development Agreement due to a decrease in the amount of asphalt and that the number of lots had been reduced from 46 to 41 lots. Councilman Poma MOVED to approve the preliminary plat for Parcel "D" of Firerock Country Club Subdivision as presented. Councilman Wyman SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #16 - CONSIDERATION OF THE FINAL PLAT OF FIREROCK COUNTRY CLUB PARCEL "F" SUBDIVISION, A 10.82 ACRE, 9 LOT, 1 TRACT SUBDIVISION, LOCATED NORTH OF TOMBSTONE DRIVE IN THE VICINITY OF SAGUARO BOULEVARD AND POWDERHORN DRIVE WITHIN THE FIRE ROCK COUNTRY CLUB AREA SPECIFIC PLAN CASE#S98-025. Mr. Sverdrup stated a final plat had been requested for Parcel "F" and that the applicant had completed almost all of the improvement plans. He said this plat was in compliance with the preliminary plat Town Council Regular Session 4/1/99 Page 3 of 6 submitted and approved in December, 1998. Councilwoman Wiggishoff MOVED to approve the final plat as submitted. Vice Mayor Mower SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #17 - CONSIDERATION OF THE FINAL PLAT OF THE FIREROCK COUNTRY CLUB PARCEL "G" SUBDIVISION, A 22.53 ACRE, 19 LOT, 2 TRACT SUBDIVISION, LOCATED SOUTH OF TOMBSTONE DRIVE AND WEST OF POWDERHORN DRIVE WITHIN THE FIRE ROCK COUNTRY CLUB AREA SPECIFIC PLAN, CASE#S98-026. Mr. Sverdrup stated staff recommended approval of the final plat for Parcel "G" in the Firerock Country Club Subdivision per the staff report. Vice Mayor Mower MOVED to approve the Final Plat as submitted. Councilman Apps SECONDED the motion,which CARRIED unanimously. AGENDA ITEM #18 - CONSIDERATION OF THE FINAL PLAT OF THE FIREROCK COUNTRY CLUB PARCEL "H-1" SUBDIVISION, A 8.02 ACRE, 10 LOT, SUBDIVISIONS LOCATED SOUTH OF THE PROPOSED TOMBSTONE AVENUE EXTENSION AND THE PROPOSED FIREROCK COUNTRY CLUB DRIVE WITHIN THE FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN, CASE#S98-027. Mr. Sverdrup stated Parcel "H-1" was another subdivision within Firerock Country Club and that staff recommended approval. Councilman Poma MOVED to approve the final plat for Parcel "H-1" as presented. Councilman Apps SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #19 - CONSIDERATION OF A SPEED LIMIT REDUCTION ON FOUNTAIN HILLS BOULEVARD. Town Engineer Randy Harrel stated a petition had been received with 52 signatures from 28 residences in town requesting the reduction of the speed limit on Fountain Hills Boulevard from 45 miles per hour to 35 miles per hour. He said staff had met with residents to determine their concerns with speeding, truck route violations and traffic noises. After a number of studies had been completed, he recommended the speed limit of either 40 or 45 miles per hour from Kingstree to Palisades as appropriate. Councilman Poma asked about truck route violations. Mr. Harrel responded that since Fountain Hills Boulevard was not a designated truck route, only trucks making deliveries were permitted. Councilwoman Wiggishoff asked if there was sufficient signage to indicate that Fountain Hills Boulevard was not a truck route. Mr. Harrel stated he had planned to add more signs. Vice Mayor Mower asked if reducing the speed limit would reduce the number of accidents. Mr. Harrel stated lowering the speed limit could cause in increase in the number of accidents if vehicles were driving too slowly. He said the numbers of rear-end and afternoon accidents could be reduced but that a 35 mph speed limit was unreasonable because of the type of road and conditions of Fountain Hills Boulevard. Councilman Wyman asked about enforcement of the speed limit. Ken Martinez, a traffic safety Marshal, said paying attention to speed and other moving vehicles would help to alleviate the number of accidents. Councilwoman Wiggishoff said she thought 45 mph was reasonable on Fountain Hills Boulevard but not at the commercial area at Palisades. She suggested the speed limit be reduced to 35 mph from El Lago to Palisades. Councilwoman Hutcheson agreed by saying that one speed limit for the entire length of Town Council Regular Session 4/1/99 Page 4 of 6 Fountain Hills Boulevard might not be the answer to speeding problems. Mayor Morgan stated having three or four speed limits was too confusing and suggested the speed limit be set at 40 mph the entire roadway of Fountain Hills Boulevard. Councilwoman Wiggishoff MOVED to reduce the speed limit from El Lago North to 35 mph. Councilwoman Hutcheson SECONDED the motion. Jim Roy spoke in support of the 35 mph speed limit for the entire Fountain Hills Boulevard. Councilman Poma stated more signs and more enforcement was the answer. The motion FAILED with a roll call 4-3 vote. Vice Mayor Mower, Councilwomen Hutcheson and Wiggishoff cast the aye votes. Councilwoman Hutcheson MOVED to reduce the speed limit to 40 mph from Kingstree to Palisades. Mayor Morgan SECONDED the motion. Councilman Wyman stated he thought the number of accidents would not be affected with the speed reduction. Russ Jensen suggested the speed limit be increased to 50 mph. The motion FAILED with a 4-3 roll call vote. Councilwoman Hutcheson, Mayor Morgan and Councilman Wyman cast the aye votes. Mayor Morgan MOVED to retain the speed limits as currently set, to install more truck route signs and increase the amount of speed enforcement. Vice Mayor Mower SECONDED the motion, which CARRIED with a 6-1 vote. Councilwoman Hutcheson cast the nay vote. AGENDA ITEM #20 - CONSIDERATION OF ORDINANCE 99-17, AMENDING THE TOWN CODE, CHAPTER 9,PARKS AND RECREATION,ARTICLE 9-1,PARKS AND RECREATION DEPARTMENT, SECTION 9-1-3, POWERS AND DUTIES OF DIRECTOR, BY ADDING A NEW SECTION 9-1-3-I, PRESCRIBING RULES AND REGULATIONS FOR THE CONDUCT OF PERSONS AT THE FOUNTAIN HILLS OFF-LEASH RECREATIONAL FACILITY AND DECLARING A PENALTY PROVISION FOR THE VIOLATION OF SAID RULES. Town Manager Nordin stated the rules contained in Ordinance 99-17 had been reviewed and revised by the Parks and Recreation Commission, the Town Attorney and other staff members. Vice Mayor Mower MOVED to approve Ordinance 99-17 as presented. Councilwoman Wiggishoff SECONDED the motion. Councilman Apps asked about the enforcement of the rules contained in Ordinance 99-17. Mr. Nordin stated there would not be any increase in expenditures and the present animal control officer would respond to complaints. The usage patterns of the dog park and future needs would determine future budget requests. Councilman Wyman questioned the liability aspect of the language of the dog park signage if users of the facility agree to accept full responsibility. Mr. Farrell stated the ordinance contained adequate language but no consideration had been given that would alleviate all responsibility or liability. The signage could be modified to change "must agree" to "agrees" to accept responsibility. Councilwoman Hutcheson asked about the determination of aggressive behavior. Mr. Farrell stated complaints received about such behavior would be determined through the court system. Michael Fleck, a member of the Parks and Recreation Commission, urged the Council to approve the rules as submitted. Tom Schuelke said he was concerned about allowing children in the dog park. Susan Neuhart suggested only people who had paid a nominal user fee should be allowed to use the facility. She asked if the dog park facility was ADA compliant. Robin Goodman, Director of the Parks & Recreation Department, stated the Desert Vista Park would be ADA compliant when completed. Town Council Regular Session 4/1/99 Page 5 of 6 Councilman Wyman asked if collecting a fee and having an on-site staffer present would reduce the liability issue. Mr. Farrell stated there would be no change in our liability rates regardless if a fee was charged or not. The motion CARRIED with a 6-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM#21 -CALL TO THE PUBLIC No one spoke from the public. AGENDA ITEM#22-ADJOURNMENT. Vice Mayor Mower MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:20 p.m. TOWN OF FOUNTAIN HILLS B B Sharon Morgan,May r A"1'1'hST: Cassie B.Hansen,Town Clerk PREPARED ,C• Linda D.Lemmen,Executive 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 1st day of April, 1999. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of April, 1999. (i; Cassie B.Hansen,Town Clerk Low Town Council Regular Session 4/1/99 Page 6 of 6