HomeMy WebLinkAbout2004.0401.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
4160, FOUNTAIN HILLS TOWN COUNCIL
APRIL 1,2004
Mayor Nichols called the meeting to order at 5:30 p.m.
AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38-
431.03.A.4 FOR DISCUSSION OR CONSIDERATION WITH THE ATTORNEYS OF THE PUBLIC
BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING
THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF
NEGOTIATIONS, IMPENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT
DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION. (SPECIFICALLY,
HANSEN VS. THE TOWN OF FOUNTAIN HILLS LAWSUIT.)
Councilwoman Stevens MOVED to convene the Executive Session and Councilwoman Ralphe SECONDED the
motion,which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive Session at 6:15 p.m.
AGENDA ITEM#2—RETURN TO REGULAR SESSION
Mayor Nichols reconvened the Regular Session at 6:30 p.m. Following the invocation by Pastor Don Lawrence,
roll call was taken.
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Councilman Archambault, Mayor Nichols, Councilwoman Stevens, Councilman Kavanagh, Councilwoman
Nicola, and Councilwoman Ralphe. Vice Mayor Melendez was not present at the meeting. Town Attorney
° Andrew McGuire, Town Manager Tim Pickering, Director of Public Works Tom Ward, Planning & Zoning
Administrator Molly Bosley, Planner Denise Lacey, Senior Planner Dana Burkhardt, and Executive Assistant Sue
Stein were also present.
MAYOR'S REPORT
a. Recognition of Eggstravaganza Sponsors—The Goyenas
Mayor Nichols presented a Certificate of Appreciation to the Goyena Team with MCO Realty in recognition of
their valuable contribution to the Fountain Hills Parks & Recreation Department's Eggstravaganza, which will be
held this Saturday, April 3, 2004. He noted that this is the second year they sponsored this event. The Mayor
thanked them for their ongoing support for the Town of Fountain Hills.
b. The Mayor will read a Proclamation declaring April 14, 2004 to be"Get to Know Our Town"Day.
Mayor Nichols read a Proclamation into the record declaring April 14, 2004, "Get to Know Our Town" Day and
said that the Town of Fountain Hills, functioning as a government by the people, was dependent upon informed
thoughtful citizens for the formulation of its laws, the establishment of its policies and the election of its officers.
The Mayor added that the Fountain Hills Civic Association, one of the first organizations formed in the Town in
1973, was committed to promoting activities that would preserve and enhance the civic, cultural, economic,
environmental and social qualities of life within the Town. He noted that the Civic Association, in partnership
with Fountain Hills' government, was sponsoring "Our Town," a six-session public information program
designed to update long-time citizens on Town affairs, introduce new residents to Town government and provide
all with the opportunity to get to know key staff people. He stated that the course would begin on Wednesday,
April 14, 2004 and said it was his honor to declare that day "Get to Know Our Town"Day in Fountain Hills.
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CALL TO THE PUBLIC:
As there were no residents present to speak during the "Call to the Public," Mayor Nichols proceeded to the
lbw Consent Agenda.
CONSENT AGENDA:
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF
3/18/04.
AGENDA ITEM #2 — CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED
BY LIONSBRIDGE ARIZONA LOCATED AT 16610 E. LASER DRIVE. THE APPLICATION IS FOR
A CLASS 4 LICENSE.
AGENDA ITEM #3 — CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED
BY THE SILVER STEIN LOCATED AT 17030 ENTERPRISE DRIVE. THE APPLICATION IS FOR A
CLASS 12 LICENSE.
AGENDA ITEM #4 — CONSIDERATION OF RESOLUTION 2004-10 ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE "FINAL PLAT OF LOT 20A," A LOT JOIN
OF LOTS 19 &20,BLOCK 3,FINAL PLAT 423. CASE#52004-05.
AGENDA ITEM#5—CONSIDERATION OF A FINAL PLAT"TALL PALMS CONDOMINIUMS,"A 2-
UNIT CONDOMINIUM PROJECT LOCATED AT 16665 EAST BAYFIELD DRIVE AKA PLAT 104,
BLOCK 1,LOT 6,CASE#52003-14.
AGENDA ITEM #6 — CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH
taw SOUTHWEST SLURRY SEAL FOR STREET MAINTENANCE.
City Attorney Andrew McGuire discussed the following agenda item (#7) and said that part of the settlement
agreement, as negotiated to date, included a joint press release. He said that information regarding the lawsuit
would be released jointly after the agreement was executed. He added that although no information would be
made available this evening, every effort would be made to execute the agreement and distribute the joint press
release as quickly as possible.
Mayor Nichols thanked Mr. McGuire for his input.
AGENDA ITEM #7 — CONSIDERATION OF AUTHORIZING THE MAYOR TO EXECUTE A
SETTLEMENT AGREEMENT REGARDING THE HANSEN VS. THE TOWN OF FOUNTAIN HILLS
LAWSUIT.
Councilwoman Stevens MOVED to approve the Consent Agenda as read and Councilman Archambault
SECONDED the motion.
A roll call vote was taken with the following results:
Councilwoman Stevens Aye
Vice Mayor Melendez Absent
Councilman Kavanagh Aye
Councilwoman Nicola Aye
Mayor Nichols Aye
Councilwoman Ralphe Aye
Councilman Archambault Aye
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The motion CARRIED UNANIMOUSLY by those present(6 to 0).
iklime AGENDA ITEM #8 — UPDATE ON CODE ENFORCEMENT ACTIVITY BY PLANNING AND
ZONING ADMINISTRATOR MOLLY BOSLEY.
Planning & Zoning Administrator Molly Bosley addressed the Council relative to this agenda item and said she
intended to provide an overview of code enforcement activity that had occurred during the past eight months of
the program. She stated that in July 2003, the Town Council approved retaining Wildan to establish an
enforcement services program for the Town. She reported that Wildan's work ended on March 26th and added
that the update would also provide information on where staff hopes to go in the future.
Ms. Bosley advised that one of the first things staff did with the establishment of the code enforcement program
was to develop a concise Mission Statement and said it is to "humanistically promote and maintain standards that
preserve and enhance the quality of life for all those who live, work and visit the Town of Fountain Hills." She
emphasized the importance of utilizing a humanistic approach by concentrating on voluntary compliance and
providing assistance in solving issues associated with code violations. She added that the code enforcement
officers would work directly and individually (one-on-one) with the residents and businesses in Town to advise
them when they were in violation of code enforcement regulations and help them to develop solutions.
Ms. Bosley advised that over time, neighborhoods could deteriorate resulting in quality of life issues as well as
presenting health and safety issues for residents, businesses and visitors to the Town. She referred to slides that
depicted the positive impacts of code enforcement, which included a reduction of negative impact on
neighborhoods; property values that were maintained; overall quality of life that was improved; fairness issues
that were addressed (everyone should comply with the requirements); and the health and safety of residents and
businesses was protected.
le Ms. Bosley reiterated that the proposed enforcement policy would utilize the humanistic approach; would inform
violators and give them an opportunity to comply; would allow participation in the problem solving process and
would provide public education to ensure that residents were aware of issues and Town codes and learned how
they could be proactive in this area.
Ms. Bosley reviewed program milestones and reported that two officers, Adrian Davis and Charlie Fleck, were
chosen, trained and had successfully completed their probation period. She added that both officers were
currently in the process of being certified by the American Association of Code Enforcement Officers, a difficult
national certification process. She also advised that an in-depth Policy and Procedures Manual had been
developed and implemented. She added that equipment and vehicles used by the Marshal's Department had been
recycled. Officers were providing coverage one Saturday a month to address weekend violations and a
preliminary automated record-keeping system had been developed. She informed the Council that to date minimal
negative feedback had been received. Ms. Bosley highlighted a summary of violations and reported that over the
eight-month period, staff had handled a total of 1,280 requests for service and of those, only six complaints were
elevated to the level of reaching the Town Prosecutor's office. In over 99% of the cases, staff was able to obtain
voluntary compliance. She referred to a graph and explained that the large volume of violations in March had to
do with the Town's new sign regulations (A-frame and neon).
Ms. Bosley listed a number of the common violations that were occurring, including yard parking, zoning
violations, sign violations, business license violations, and public nuisance violations. She added that in 107
cases, staff determined that no violations existed. She explained that yard parking, the most common violation,
consisted of parking a vehicle off of a paved driveway and/or storing boats, trailers, RV's etc. in front of a
primary structure. She said that those items should be placed behind a six-foot wall. She stated that code
enforcement assisted in the implementation of the Town's recently adopted sign regulations and reported that all
businesses displaying portable and neon signs had been contacted. She noted that voluntary compliance was
achieved with all of the businesses. She also discussed public information and commented on the development of
a familiar icon, namely "Cactus Codey." She added that educational materials were also on the Town's website,
on Channel 11, included in articles in the Compass Newsletter, were part of a newly developed code enforcement
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pamphlet, and were discussed at neighborhood and neighborhood watch meetings. She added that staff also
performed one-on-one courtesy inspections when requested to do so.
Ms. Bosley said that in the future, in order to enhance the code enforcement program, staff would like to continue
to forward requests for prosecution to the Town Prosecutor; expand the public information program; continue to
provide on-going training to officers; continue their proactive approach and establish volunteer programs or
events (i.e. neighborhood clean-up events). She informed the Council that one of the most frequent questions
staff was asked was "how do they determine priorities for the violations received?" and said that there are three
stages of priorities: 1) the most important dealing with health and safety issues; 2) complaints received directly
from public agencies, the Town Manager, members of the Council and other department staff; and 3) non-safety
type of issues that often arose. She thanked the Council for the support they had shown regarding the
development of the program.
Councilwoman Nicola asked whether there was code enforcement coverage in place for two Saturdays a month
and Ms. Bosley responded that currently there was only coverage for one Saturday a month. Councilwoman
Nicola asked whether that was working for the department and stated that she had received a number of calls and
comments regarding signs and other violations that occurred over the weekends. She questioned whether the
program would be expanded in the future. Ms. Bosley replied that at the current time she was not aware of any
expansion plans but added that expansion could occur if warranted in the future. She commented on the various
peaks and lows they were experiencing and stated that more garage sale signs were being erected now that spring
was here. She said that staff would like direction from the Council as to whether additional weekend enforcement
was necessary.
In response to a question from Councilman Kavanagh relative to the one-on-one voluntary inspections, Ms.
Bosley explained that those inspections were rare but occasionally citizens wanted to make sure that they were
complying with the code or they were thinking of doing something and wanted to make sure it would not be a
violation of the code. Councilman Kavanagh also commented on "transient shows" and asked whether staff
routinely checked to see if they had business licenses. Ms. Bosley responded that when called for, the checks
occurred and staff was attempting to make more events such as that a matter of routine. She added that business
licenses had been a big priority for the code enforcement staff. Councilman Kavanagh questioned whether staff
went to the shows, brought the proper forms with them to be filled out and collected the fees right on the spot.
She responded that at the current time they did not and Councilman Kavanagh recommended that staff consider
doing so.
Mr. Pickering stated that what typically happened was that the business was advised that it needed a business
license and they went to the Town Hall and to pay for it. He added that staff did not like to collect any payments
"on the spot" and that was the reason why they send them to Town Hall. Councilman Kavanagh recommended
that they record the names of those people who did not show up at Town Hall and pay the fee so that the next time
they tried to set up their event in the Town, code enforcement could immediately shut them down. Mr. Pickering
agreed with this suggestion.
Councilman Kavanagh asked what a resident should do if they witnessed a violation and whether the name of the
person who reported it was released. Ms. Bosley said their current policy was not to inform the violators that a
complaint had been received directly against them. She added that they merely went to the site and advised the
resident that they were in violation of the code. She stated that staff was attempting to separate and protect those
residents who did call in complaints. She noted that some of the residents asked to be notified of the final
outcome of their complaint calls and staff responded back to them on a personal basis.
Mayor Nichols asked whether the consultants finished their work for the Town and Ms. Bosley responded that
they had. He asked whether they determined that the two code enforcement officers were sufficient or if they
recommended the hiring of an additional officer. Ms. Bosley said that they stated the opinion that two officers
were sufficient for the current coverage provided in the Town. The Mayor commented on the previously
mentioned code enforcement pamphlet and asked whether that was provided to new businesses when they applied
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for business licenses. Ms. Bosley said she was not sure whether that was currently provided and indicated her
intention to follow up on this excellent suggestion.
Councilwoman Nicola noted that some communities performed an inspection before real estate transfers, when a
sale occurred before escrow closed, and asked whether staff would recommend that that happen in the Town of
Fountain Hills. Mr. Pickering responded that Councilwoman Nicola was basically talking about an occupancy
permit program and stated that he highly recommended that the Town eventually get to that point. He added that
what happened to towns that were built at approximately the same time was that after a ten-year period, they
began to deteriorate at the same time and 30 years down the road, the Town's housing stock would be old. He
said that they should look at implementing that program and when a change of ownership occurred, the Town
should perform an inspection for a very minimal fee in an effort to ensure that the home was brought up to the
current codes. He added that the code enforcement officers could be trained to carry out those duties but said that
additional staff would probably be needed.
Councilwoman Nicola said when they did look at that, and she hoped it was soon, she would also encourage staff
to review the Town's pool fence ordinances.
Mayor Nichols thanked Ms. Bosley for the update.
AGENDA ITEM #9 — REPORT EXPLAINING THE RESPONSIBILITIES AND GUIDELINES FOR
THE CIVIC CENTER PHASE II EXTERIOR DESIGN AND STATUS OF THE PROJECT.
Mr. Pickering addressed the Council relative to this agenda item and said that he wanted to keep the Council
updated on what had been happening with the Civic Center Phase II project. He stated that things had been
rapidly moving along since the Council approved the contract with the architects and design-build team. He
noted that the relationship between staff and those entities had gone extremely well to date and staff was
impressed with the quality of work they laid out. He added that their schedule was on track and said he included a
copy in the Council's packet.
Mr. Pickering noted that over the next few months, the architects would draw up the plans for the building and by
June they would provide the Town with a maximum cost figure to build the project. He added that once
approved, actual construction would begin in approximately August 2004 with completion of the building by May
2005. He commented that staff has had discussions with the architects and many of the users, including Senior
Services. He reported that last week they began their placement work and Senior Services said they might want
to consider using the money that the Town was going to use to provide them space in the new building as well as
grant funding to build their own separate building. He stated that the architects were asked to determine what the
cost of such a building would be and that information was sent to Senior Services along with a letter explaining
when grant funding would be required. He advised that unfortunately, due to the anticipated rapid construction
process,the seniors felt that the best thing to do at the current time was to go into the building with Town staff.
Mr. Pickering stated that this week they sat down with all of the departments including the seniors and the
Maricopa County Sheriff's Office and laid out the tentative floor placement. He commented on the cooperation
that existed between the various departments and said they were trying to keep the building around 30,000 to
31,000 square feet. He informed the Council that in May they would begin to see what the building might look
like at a Council Workshop and their input would be solicited at that time. He noted that some of the
Councilmembers volunteered their time to assist staff in the project, namely Councilmembers Archambault and
Stevens, and thanked them for their offer. He added that he would also like to obtain some public input and
involvement and was asking individuals who would like to assist in the initial stages of the exterior design of the
building to come forward. He said that the building would obviously be a signature building and must be
compatible with surrounding neighborhoods and facilities.
Mr. Pickering advised that staff and the consultants were on schedule and staff planned to present the pricing to
the Council in June. He said that after that time the actual contract to begin construction would be approved.
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In response to a question from the Mayor, Mr. Pickering stated the opinion that it would be advantageous for the
members of the Council to provide their input to Councilmembers Archambault and Stevens.
Councilwoman Nicola asked whether it would be better to have the discussion at the same time rather than having
individual conversations. Mr. Pickering explained that in order to remain on schedule they had to move fairly
quickly. Councilwoman Nicola said she would be more comfortable if it was a public discussion or information
was provided in writing to the same people, and the public as well, as the process progresses. Mr. Pickering said
he believed the Mayor was suggesting that anyone with thoughts about the building could provide them to him,to
staff, to the members of the Council but emphasized the importance of channeling that input through a group that
was actually working on it. He added that the Council and the public would be involved in the process.
Councilwoman Nicola asked whether a plan was being developed to utilize the Senior Center's allotted space
once they built their own building. Mr. Pickering responded that it was not certain that they would move out in
five years but said that if they did, they could easily convert their space into a permanent Council Chambers and
the offices could be utilized as well. He confirmed that no timeline existed for the proposed move.
Councilman Kavanagh asked whether it would be possible at the April 13th Workshop to receive an update so that
the entire Council could provide input. Mr. Pickering responded that it would be fine and said that they would
also be discussing Proposition 202 and suggested that they spend a half hour on the project.
Councilwoman Stevens commented that Mr. Pickering had requested that after every committee meeting that she
send the rest of the Council an e-mail, or in some cases telephone them, in order to let them know what transpired
at the meeting. She said they would be kept up to date as far as what she and Councilman Archambault were
involved in. Councilwoman Nicola said that the information should be e-mailed to the Council's office e-mail
addresses rather than their private numbers.
AGENDA ITEM #10 — CONSIDERATION OF A PRELIMINARY PLAT FOR THE VILLAS AT
FOUNTAIN HILLS RESORT TO BE LOCATED AT THE NORTHEAST CORNER OF PALISADES
BOULEVARD AT SHEA BOULEVARD AKA FINAL PLAT "FOUNTAIN HILLS RESORT," LOT 11
CASE#S2003-15.
Planner Denise Lacey addressed the Council relative to this agenda item and said that this was a project everyone
was waiting for with great anticipation. She explained that the project before them this evening was the
subdivision of the condominiums that would be associated with the hotel and conference center. She noted that
the plan had changed slightly from the previous plan, which was displayed on the screen and which was approved
in conjunction with the General Plan Amendment and the rezoning. She displayed a slide depicting the new site
plan but said it was not clearly readable so she would refer to the landscape plan instead to explain the changes.
Ms. Lacey stated the opinion that the developers had worked very hard to provide a product that staff believed
would be aesthetically pleasing. She commented on the cooperative effort that was expended by both the
developer and residents of the Westridge subdivision located just to the north. She noted that the previous site
plan showed a loop road to the outside as well as two inside loop roads and said that the current plan showed one
loop road to the interior and several cul-de-sacs leading into clustered condominium communities. She added that
they were looking at a total of 71 units and stated that a development agreement was in place for this particular
project. She pointed out that the proposed preliminary plat included five-foot sidewalks through the entire
development with pedestrian access to Palisades Boulevard to the north and to the south. The southern access off
of Palisades Boulevard was meant to facilitate mostly residential traffic; it was not the main entrance into the
resort. She explained that because of the number of units planned for the interior of the site, staff felt that a
secondary access needed to be provided for the residents' use.
Ms. Lacey reiterated that the northern access would provide the main access in and out with the round-abouts
kw., helping to break up the traffic. She commented that the Town Manager was pleased to see a round-about on any
type of project within the Town. She noted that the individual units ranged in size from 1,617 square feet to
approximately 2,691 square feet. Each unit would have a garage with most of them being two-car garages, and
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buildings were meant to be at 30 feet in height from the natural topography. She commented that discussion had
taken place regarding the actual setbacks to the rear lot lines and how they butted up to that. She said that in the
development agreement, staff addressed this in part because in the one corner (the north east corner) a no-build
easement existed and in order to provide that, staff had to move things down a little on the site, bringing things
closer to the lot line. She informed the Council that the developer also owned the surrounding OSR and HPE and
therefore was not butting up to another development that had the potential of having a 5-foot setback. She added
that the developer had done a very good job of trying to keep those areas where he was only out 5 feet to a very
small minimum and to meet the other setback, 30-feet,in a majority of the area.
Ms. Lacey reported that there were some cut and fills that exceeded the Town's maximum 10-feet and added that
this was addressed in the development agreement as well. She said that the other unusual circumstance that was
supported by staff was that the main loop road providing the main circulation through the residential portion as at
24-feet instead of 26-feet. In conversation with the Town Engineer, staff determined that in keeping traffic calm
in this area, and not making it apparent that it would be access for the resort, that they would go to a 24-foot
driveway aisle instead of a 26-foot street. She pointed out that this was not a Town street and they were
comfortable doing so.
Ms. Lacey stated that staff and the Planning & Zoning Commission recommended approval of the preliminary
plat, including a hillside preservation disturbance to allow the sanitary sewer to flow across Tract 8. She said this
would be a disturbance of up to 4.25-acres of off-site land and permission to rough grade the hotel site concurrent
with condominium site construction with Stipulations #1 through#11 as stated in the Staff Report. She advised
that the applicant was present and would be happy to respond to any questions from the Council.
Ms. Stein advised that there were no citizens wishing to speak at this time.
Councilman Archambault MOVED and Councilman Kavanagh SECONDED a motion to support staff s
recommendations relative to the approval of the Preliminary Plat for the Villas at Fountain Hills Resort, Case
,,, #S2003-15.
Councilwoman Stevens expressed concern relative to rough grading the entire site while only constructing the
condominiums and asked whether the development agreement addressed the timeframe for the construction of the
actual resort. Ms. Lacey responded that the agreement did in fact address that issue and said it stated that they
would construct the hotel within 12 months of the final Certificate of Occupancy on the condominiums or they
would be subject to significant fines.
In response to a request for clarification, Mr. McGuire stated the opinion that he believed they were referring to
the first condominium and added that the issuance of a building permit triggered the contribution for the open
space. He said that once the project was underway there would be a strong incentive to complete it.
Councilwoman Stevens commented that she was comfortable with that and just wanted to make sure that the area
did not remain disturbed but undeveloped for a lengthy period of time.
Ms. Lacey added that staff was requesting permission to rough grade but emphasized that all of the plans would
be approved by the Engineering Department and any bonds that needed to be set forth would be required. She
said staff has had lengthy discussions with the applicant about making certain that progress remained very active
on that site.
The motion CARRIED UNANIMOUSLY by those present(6-0).
AGENDA ITEM #11 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY
PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS
,. FOR FUTURE MEETINGS.
There were no comments other than on the fact that the meeting would end at an early time this evening.
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AGENDA ITEM #12 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS
LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON A
FUTURE AGENDA FOR ACTION OR (ii) OR DIRECTING STAFF TO CONDUCT FURTHER
Nile RESEARCH AND REPORT BACK TO THE COUNCIL:
There were no comments.
AGENDA ITEM#14—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER:
There were no requests.
AGENDA ITEM#15—ADJOURNMENT
Councilwoman Stevens MOVED that the Council adjourn and Councilman Kavanagh SECONDED the motion,
which CARRIED UNANIMOUSLY by those present(6-0). The meeting adjourned at 7:15 p.m.
TOWN OF_QUNTAIN HILLS i
By i _. ���
Wary Nichols,ly
ATTEST AND
PEPARED BY:
Bevelyn J. Bender,Town Clerk
y CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held
by the Town Council of Fountain Hills on the 1st day of April, 2004. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 15th day of April, 2004.
i! �
Bevelyn J. Bender,Town Clerk
L
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