HomeMy WebLinkAbout2007.0415.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
Lp, FOUNTAIN HILLS TOWN COUNCIL
March 15,2007
Mayor Nichols called the meeting to order at 6:30 p.m.
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
* INVOCATION—Mr.Fred Widom,Temple Beth Hagivot
* ROLL CALL
Present for roll call were the following members of the City Council: Mayor Nichols, Councilmember Kehe,
Councilmember Leger, Vice Mayor McMahan, Councilmember Schlum, Councilmember Archambault and
Councilmember Dickey. Town Attorney Andrew McGuire,Town Manager Tim Pickering and Town Clerk Bev
Bender were also present.
* MAYOR'S REPORT
(i) The Mayor will present a Certificate of Achievement to the Fountain Hills High School Basketball
Team and Coaches for winning the State Basketball Title for the third consecutive year.
Mayor Nichols congratulated and recognized the members of the Fountain Hills High School Basketball Team
on being the first group in Class 3A in over 30 to 40 years to become Triple A Champions three years in a row.
Le He also congratulated their coaches on this tremendous achievement. The Mayor asked the members of the
team to come forward and presented them with a Certificate of Achievement in recognition of their
accomplishment to be displayed at the high school. He said that the Town Council and the members of the
community were all proud of the team and also presented them with commemorative Fountain Hills'pins.
Fire Captain Todd Bruin also congratulated the team and stated that 3A basketball is fierce competition. He
explained all of the hard work and effort that was expended by the members of the team and their coaches in
order to achieve their victory. He commented on the fact that both the members of the Fire Department and the
members of the team wear "Fountain Hills" on the back of their shirts and said that the team represented the
community in a manner that generated both pride and respect. Captain Bruin further stated that every fire
station had its own identity and at his station (Station #822 on Palisades) they showed their designation
(identity) through hats. His particular station was "Engine Paramedic 822" and he said the firefighters at that
station would like to share their method of identity with the members of the team and presented them with hats
reflecting their own proud identity, "3A—07—Three Times BB State Champs."
Mayor Nichols commented that the Council and citizens wanted the members of the team to remain fit during
the off season and announced that Ross from Peak's Fitness had graciously given each member of the team a
one-month free pass to the fitness center.
One of the team's coaches presented Mayor Nichols with a State Championship T-Shirt, thanked the members
of the Council and the community for their ongoing support, and said that other members of the Council would
also be provided shirts as a memento of this important accomplishment.
The Mayor said that he had signed balls from the last two championships on display in his office and requested
Loy that the members of the team sign a third ball. He again congratulated the members on their victory.
(ii) The Mayor will recognize outgoing McDowell Mountain Preservation Commissioners.
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Mayor Nichols requested that Grace Jacobs and Bob Mock come forward at this time. (Mr. Mock was not
present at the meeting.) The Mayor recognized the efforts of these two individuals who served as members of
the McDowell Mountain Preservation Commission and said that Grace served as the Chairperson, Vice-
Chairperson and Commissioner for six years and presented her with a plaque in commemoration of her
outstanding service to the Town of Fountain Hills. Mayor Nichols further stated that Bob was a member of the
original MMPC and had served for nine years. Mayor Nichols said that they also had a plaque to present to him
for his service to the Town.
CALL TO THE PUBLIC
Tom Hebert, 28307 N. 156th Street, Scottsdale, the owner of Almost Home Pet Resort, addressed the Council
and noted that the Town's telephone book listed both his business and another that performed in-home dog
boarding in Town. He said that he had researched the area before establishing his business in Town and noted
that the business must be located in a commercial or industrial zone within the Town's limits or anywhere under
C zoning with a Special Use Permit. He stated that what he would like to see changed was allowing people to
do this commercial business in their homes. He expressed the opinion that allowing that to occur on a small
scale in peoples' homes was unfair to businesses that had to meet certain requirements in order to operate.
Mayor Nichols thanked Mr. Hebert for his input and requested that Town Manager Tim Pickering research the
matter and report his findings to the Council.
CONSENT AGENDA
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM MARCH 1,2007.
AGENDA ITEM #2 — CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION
FOR JAMES MCLELLAN (O.C.MANAGEMENT, LLC—OCTAGON CAFE, LOCATED AT 12645 N.
SAGUARO BOULEVARD, #1, FOUNTAIN HILLS, AZ. THIS REQUEST IS FOR A #12
RESTAURANT LICENSE.
AGENDA ITEM #3 — CONSIDERATION OF APPROVING THE EXTENSION OF PREMISE
LIQUOR LICENSE APPLICATION FOR ,TAMES MYCZEK (GRAPEABLES FINE WINE) FOR
SATURDAY,MARCH 17,2007 FROM 10:00 A.M.TO 10:00 P.M.
AGENDA ITEM #4 — CONSIDERATION OF APPROVING THE WINE FESTIVAL LICENSE/WINE
FAIR LICENSE FOR MINCHELLA MICHAEL/KOKOPELLI WINERY TO BE HELD ON AVENUE
OF THE FOUNTAINS,MARCH 17,2007,FROM 10:00 A.M.TO 10:00 P.M.
AGENDA ITEM #5 — CONSIDERATION OF RESOLUTION 2007-03, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY SUPERIOR COURT TO
PROVIDE A MASTER JURY LIST.
AGENDA ITEM #6 — CONSIDERATION OF RESOLUTION 2007-10, ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS LOCATED AT THE SOUTHERLY PROPERTY LINE OF PLAT 604D,
BLOCK 2, LOT 6 (15625 E. GREYSTONE DRIVE) AS RECORDED IN BOOK 292 OF MAPS, PAGE
48,RECORDS OF MARICOPA COUNTY,ARIZONA. EA06-12.
AGENDA ITEM #7 — CONSIDERATION OF RESOLUTION 2007-12, ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF PLAT 602Bt
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BLOCK 2, LOT 46 (15742 E. JERICHO DRIVE) AS RECORDED IN BOOK 166 OF MAPS, PAGE 32,
RECORDS OF MARICOPA COUNTY,ARIZONA. EA07-02(ANDERSON).
Vice Mayor McMahan MOVED to approve the Consent Agenda items as listed and Councilmember
Archambault SECONDED the motion.
A roll call vote was taken with the following results:
Councilmember Dickey Aye
Mayor Nichols Aye
Councilmember Leger Aye
Councilmember Schlum Aye
Councilmember Kehe Aye
Vice Mayor McMahan Aye
Councilmember Archambault Aye
The motion CARRIED UNANIMOUSLY(7-0).
REGULAR AGENDA
AGENDA ITEM #8 — CONSIDERATION OF RESOLUTION 2007-09, ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS LOCATED AT THE WESTERLY PROPERTY LINE OF PLAT 428,
BLOCK 5, LOT 4 (15050 N. MAPLE DRIVE) AS RECORDED IN BOOK 155 OF MAPS, PAGE 19,
RECORDS OF MARICOPA COUNTY,ARIZONA. EA07-01 (STACY).
(4100 Town Engineer Randy Harrel addressed the Council relative to this agenda item and stated that this item
involved an abandonment on Maple Drive near Glenbrook Boulevard. There as a public utility and drainage
easement in a fenced backyard (referred to aerial photographs) and said that staff did not have any issues with
the abandonment. They followed procedure and sent out letters to the adjoining property owners to see if there
was anything they were not aware of and received an objection to the proposal from the neighbor located to the
rear of the property. He noted that the letter was part of the Council's packet as well as staff's analysis of the
objections. He added that staff recommended approval of the abandonment. He said that both the applicant and
the person who had filed the objection were present in the audience and both wished to speak on this issue.
Mayor Nichols thanked Mr. Harrel for his input.
Councilmember Schlum MOVED to approve Resolution 2007-09 and Vice Mayor McMahan SECONDED the
motion.
Councilmember Schlum asked whether abandonment of the easement would affect the setbacks and Mr. Harrel
advised that it would not.
In response to a question from Councilmember Archambault, Mr. Harrel confirmed that the fence was in
existence at the time the abandonment was applied for.
Councilmember Leger requested that Mr. Harrel point out the location of the masonry wall referred to in the
staff report and he confirmed that it was the white outline shown on the photograph. Mr. Harrel noted that the
masonry wall extended out to the property line and extended across the easement. He added that a pool permit
had been issued and the pool was currently under construction. The pool permit did allow the equipment, which
‘10, was on a small pad, to be in the easement. He said that the person who filed the objection had indicated that this
was his objection with the abandonment, the fact that the pool equipment was in the easement. Mr. Harrel said
that he told the neighbor that that was part of the building permit, which had been previously approved.
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Councilmember Leger said that with the pool pump being outside of the masonry wall, he would like to know
whether there was a requirement to have a screened wall around the pool pump. He noted that many HOAs
require such screening. Mr. Harrel clarified that the pool equipment was inside (not outside) the masonry wall
and butted up against the rear wall and was very close to the southerly sidewall. He added that he believed it did Niugif
have a wall on the third side.
In response to a request from Councilmember Kehe,Mr. Harrel pointed out the locations of the homes, the wall
and the location of the proposed pool equipment.
Councilmember Kehe said that in looking at the photograph, it appeared to him that the pool might be situated
closer to the home of the person requesting the abandonment and asked why it was necessary to be so close to
the wall. Mr. Harrel responded that the pool was actually not right up against the back wall; it actually respected
the existing easement. Councilmember Kehe said it appeared that the yard was fairly large and asked whether
the pool could be moved back closer to the applicant's house. Mr. Harrel advised that the pool was already
under construction but said he did not know whether the equipment had already been set. He stated the opinion
that the pipes had already been plumbed for that purpose.
Ms. Bender advised that three citizens wished to speak on this item and the Mayor requested that they come
forward when their names are called.
Paul Kostura, 15203 Catalpa Place, referred to the location of his home and to a wall that is located on the
property line. He said that the space between the house and the wall was like a sewer pipe, it was concrete to
concrete. He stated that he was very sensitive to any noise that occurs and noted that the pump would be located
right up against the wall. He said that the acoustics in his backyard magnified sounds. He said that he had
suggested to the applicant that they put a noise abatement wall around the pool pump but nothing ever
happened. He discussed the natural flow of the water (prior to the current ownership of the property) and said
that being a good neighbor he had filled his backyard because he would get about seven inches of water. He
further discussed the natural flow of water down the abandonment and said that all of the water drained off of
the upper lots drains down and along the upper wall along the hill (about six feet higher than his lot). The
natural flow was through there and then down and out on Maple but he had corrected the flow of the water and
filled in his backyard because they put the wall up and he was trying to be a good neighbor. They never got an
abandonment when they put the wall up. He said that he owned the retaining wall on the other side of the lot
and he had to go through flood control to get an abandonment for that. Mr. Kostura discussed drainage and
noise levels and requested that some consideration be given to the noise issue.
Seth Stacy, the applicant who is requesting the abandonment, addressed the Council and said that staff did not
find any basis for the concerns expressed by the previous speaker. He noted that the wall was in place before he
purchased the property. He advised that the pool pump would run between ten and twelve decimals (a level
ranging between rustling leaves and a whisper according to the research he has conducted.) He added that the
pump would not be running during awkward hours when people would be trying to sleep. As far as the
requested easement abandonment, that was so that they would not have to pull up the pump equipment later on
should that happen and said that the utilities had all agreed to it. He said that he could not address the drainage
issues and reiterated that that was all in place when he purchased his home. He added that he had taken great
care to take the water that does come and drain it out in the front of the house. He said that the natural grade of
the backyard tended to bring water to the back of his house and then run it out the front and down the driveway.
He indicated his willingness to respond to additional questions and added that Mr. Kostura should consider
applying for an abandonment as well if he and his wife still had concerns.
Councilmember Kehe commented on the fact that Mr. Stacy's yard was pretty large and asked whether he had
considered moving the pump equipment to address concerns expressed relative to noise.
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Mr. Stacy replied that it was easier to run the equipment from the selected location and he confirmed that the
piping was already in. He added that his neighbors to the north, the Smith's, also had an abandonment for their
utilities. He said that he did plan to put a small wall in for aesthetic/storage purposes.
Dennis Regeski, 15207 Catalpa,the former owner of Sunset Pools, addressed the Council and stated the opinion
that pumps were usually placed closer to the house (closer to the meter) because the shorter the distance for the
electric, the better the wattage. He said that most pumps were pretty quiet unless the filters get plugged up but
there were occasions when pool pumps became noisy. He questioned the location of the equipment(closer to the
neighbor's home than the owner's) and agreed with the concerns expressed by Mr. Kostura.
Mayor Nichols thanked the speakers for their comments and called for a vote on the motion.
The motion CARRIED UNANIMOUSLY(7-0).
AGENDA ITEM #9— CONSIDERATION OF RESOLUTION 2007-08, APPROVING SUBMITTAL OF
A GRANT APPLICATION FOR LOCAL, REGIONAL AND STATE PARKS HERITAGE FUNDING
FROM THE ARIZONA STATE PARKS HERITAGE FUND FOR PARK DEVELOPMENT.
Supervisor of Recreation, Bryan Hughes, addressed the Council relative to this agenda item. Mr. Hughes stated
that the proposed resolution officially gave staff permission to apply for Heritage Funds from the Arizona State
Parks Heritage Fund for improvements to Desert Vista Neighborhood Park. It also certified that the Town had
matching funds if the grant was awarded. Desert Vista Neighborhood Park currently consisted of the Dog Park,
the new Skate Park and large open turf areas that were utilized by both the Soccer Club and Pop Warner
Football. The proposal to Arizona State Parks was to seek funding to further develop the 12-acre park.
Facilities to be included in the project included lighted multi-purpose athletic fields, playgrounds,
restrooms/concession and storage building, picnic ramadas, shade ramadas and connecting sidewalks and
(to entryways.
Mr. Hughes stated that the total cost for the proposed improvements was approximately $2,355,000 and this
application was for $1,777,000 of that. The possible grant award for the project was $774,920, which was the
maximum any one agency could request this year. The Town's match would be a little over $1 million
($1,002,434), which was included in the Park Development Fees for the current Fiscal Year. Once the
application was officially submitted, it would be reviewed by the Arizona State Parks and scored along with all
of the other applications received. They would also conduct a site visit to evaluate the project. Grant awards
would be announced in September at the Arizona State Parks Board Meeting. He said that staff recommended
approval of the resolution.
Councilmember Schlum MOVED to approve Resolution 2007-08 and Councilmember Dickey SECONDED
the motion.
In response to a question from Councilmember Kehe, Mr. Pickering advised that there was approximately $1.4
million available in Park Development Fees. He added that the funds they were pledging would not be spent
this Fiscal Year and most likely would be re-budgeted for next year. He said that they were telling the State that
the funds were available.
Councilmember Dickey asked whether they had the option of not taking the entire grant if for some reason that
was the way they wanted to proceed. Mr. Hughes replied that the Council would have that option should
funding levels decrease for any reason.
In response to a request from Councilmember Leger, Mr. Pickering explained that Development Fees were paid
Lie for by developers of subdivisions within the Town and could only be used for capital items that were the result
of growth that occurred from that development. He noted that the monies were not part of the General Fund and
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added that Desert Vista Park was a perfect use for these funds. He said that funds not spent within seven years
must be rebated back to the developer.
Mayor Nichols called for a vote on the motion. yr
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM#10—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER.
Mayor Nichols said that Mr. Pickering would take a look at the Town's ordinances regarding in-home dog
boarding and report the results to the Council.
Mayor Nichols stated that today an auction was held on the State Trust Land and$110,100,000 was raised. The
land was purchased by the Ellman Companies and the Town looked forward to working with them in the future.
Representatives of the company had indicated their intent to make this a "high end" type of development with
density levels below what the land was currently zoned for.
Mayor Nichols added that the Town's Saint Patrick's Day Celebration would take place on Saturday from 10:00
a.m. until 7:00 p.m. He noted that the Fountain would go green at Noon and at 5:00 p.m. with activities taking
place in the park all day long. He encouraged attendance at this festive event.
Councilmember Dickey said that today's auction was "bittersweet" for her because the last time she went down
there it was to ask that the land be set aside for preservation. She said that she knew they would work hard to
maintain this spirit in the future as the property develops. She added that today Senator Allen's Air Quality Bill
(#1552) passed out of the Senate and would go over to the House. She stated that the leaf blower portion was
still a part of the bill and told people not to give up hope.
AGENDA ITEM#11—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)
directing staff to conduct further research and report back to the Council.
A. NONE
AGENDA ITEM#12—ADJOURNMENT.
Vice Mayor McMahan MOVED to adjourn and Councilmember Schlum SECONDED the motion, which
CARRIED UNANIMOUSLY(7-0). The meeting adjourned at 7:17 p.m.
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TOWN OF FOUNTAI HILLS
By
Mayor Wa y Nichols
ATTEST AND
PREPARED BY:
/Ea&-,...L.edita 41.
Bevelyn J. Beni er, /own Clerk
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 15th day of March 2007. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 5th day of April 2007.
Bevelyn J. nd ,Town Clerk
1111110*
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