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HomeMy WebLinkAbout1991.1219.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
DECEMBER 19, 1991
A public meeting of the Fountain Hills Town Council was convened and called to
order by Mayor John Cutillo at 6:30 p.m. , Thursday, December 19, 1991, in the
Fountain Hills Town Hall, located at 16836 E. Palisades Blvd. , Building C,
Fountain Hills, Arizona.
ROLL CALL - Following the pledge to the flag and the invocation by Councilman
Charles Fox, roll call was taken. Present for roll call were the following
members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg
Tibbetts and Councilmembers Frank Clark, Mike Minarsich, Charlie Fox, Bill
O'Brien and Wally Hudson. Also present were Town Manager Paul Nordin, Town
Attorney Nick Dotterman, Community Development Director Gary Jeppson, Parks and
Recreation Director Robin Goodman, and Peter Putterman for Town Clerk, Cassie
Hansen.
AGENDA ITEM #2 - MONTHLY REPORT BY CAPTAIN DAVE HENDERSHOTT, MARTCOPA SHERIFF
DEPARTMENT.
Captain Hendershott distributed the monthly report to the Council, stating that
there had been an excessive number of thefts, several of which had been solved,
committed by juveniles. Ten percent of the citations had resulted from traffic
surveillance on Fountain Hills Boulevard. He said that Sycamore Drive had been
chosen as a selective enforcement area the past month. Captain Hendershott
reported that forty-seven percent of the tickets were written for speeding,
nineteen percent for registration and driver's license and twenty-two percent for
insurance violations. Patrol activity was being increased on Golden Eagle
Boulevard. Captain Hendershott said that the department wanted to formulate a
Community Policing Committee that would be made up of many entities within the
community and help guide law enforcement in the direction it wanted to go.
Captain Hendershott said that the committee would meet once a month and would be
a problem solving group, not a command group.
AGENDA ITEM #3 - PRESENTATION OF PLAQUE TO WENDY MUELLER, OUTGOING MEMBER OF THE
PARKS AND RECREATION COMMISSION.
Mayor. Cutillo presented a plaque to Wendy Mueller for outstanding service to the
Fountain Hills Parks and Recreation Commission.
AGENDA ITEM #4 - APPOINTMENT OF BRIAN LITZ TO THE PARKS AND RECREATION
COMMISSION.
Mayor Cutillo said that Brian Litz was recommended by his peers on the Mayor's
Minutes of the Regular Session of the Town Council 12/19/91
Page 1 of 8
Youth Council . Councilman Fox made a MOTION to appoint Brian Litz to the Parks
NI)
and Recreation Board for the term of one year commencing at the next monthly
meeting. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. Mayor Cutillo
introduced Brian Litz to the Council .
AGENDA ITEM #5 - TOWN MANAGER'S REPORT.
#5.A.1. - Update on Governor's Department of Highway Safety grant application for
highway signage. Mr. Harrel said that the grant application was the same grant
that the Town was awarded last year for the street name signs. He stated that
this year's request contained three items, a striping machine, barricades, cones,
and detour signs, and the third item was traffic counters and traffic tally
board. Mr. Harrel said that the grant money could be used for limited purposes
and could not be used for construction.
#5.A.2. - Update on Golden Eagle Park construction project and the Heritage Fund
grant. Mr. Nordin said that he and Ms. Goodman had attended a meeting of the
committee that had the authority to administer the grant. He said they made a
presentation requesting permission to use the value of the land as matching funds
in each of the next two years and had obtained permission to do so. They stated
that the land value had to be used before other monies. Councilman Minarsich
asked when the land would be deeded over to the Town and Mr. Nordin stated the
transaction should be complete by the end of January. Vice Mayor Tibbetts asked
if the grant period was the same as the Town's fiscal year and Ms. Goodman said
that it was due approximately June 1. Councilman Clark asked what date the grant
year started. Ms. Goodman said it was a combination of what was demonstrated in
the grant application and when title to the land was received. Councilman Fox
added that the money did not have to be spent within twelve months. Mr. Nordin
stated that the $301,250 the grant, would be the cash fund this year and the
project would begin with that. He said that the difference between that figure
and the land value of $468,500, would be the matching funds the Town would show
in next year's grant application. He added that there would also be S.R.P.
aestetics fund of $79,000 and whatever school district funds that would be
available next year.
#5.A.3. - Update on Dimension Cable construction project. Mr. Harrel introduced
Allen Sparks, Jerry Anstein and Tom Flaaen from Dimension Cable. Mr. Harrel
displayed a map of Fountain Hills and the planned construction of the system.
He said that zone one, phase one, considered ten percent completion, was required
to be completed on September 30 and had been. Mr. Harrel said that zone one,
phase two, the northeast corner of town, considered thirty-five percent
completion, required to he completed on January 31 , had been completed ahead of
schedule. Zone two, the northwest corner of town, considered sixty-five percent,
was scheduled for completion in June 1992. Mr. Harrel said that zone three was
the southwest corner of town and it was a part of the one hundred percent
complete figure. He added that they were currently in the process of getting
permits for that section. Mr. Harrel said that zone four was the southeast area
of town, scheduled for completion on September 30, 1992. Mr. Flaaen made a brief
presentation explaining that the parts of the system that had been completed had
been tested and all the complaints had been answered. He said that there was
Minutes of the Regular Session of the Town Council 12/19/91
Page 2 of 8
approximately twenty-four miles of system in zone two and all but about 1,700
4111, feet of trenching had been completed. He stated that they were forty-five days
ahead of their scheduled completion dates. Councilman Hudson asked what the
public comments had been on the reception and he said there were very few
negative comments. Councilman Clark asked if everyone in Phase T had been
approached and had the new system if they had signed up and Mr. Flaaen said yes.
#5.A.4. - Setting Council meeting dates for January. Mayor Cutillo said that
this item had already been discussed. He said that the first week's meeting had
been eliminated.
#5.A.5. - Establishing appointment procedures to fill vacancies on boards and
commissions. Councilman Fox made a MOTION that for all appointed boards of the
Town, the selection process be that for upcoming term expirations, that six weeks
prior to the expiration, a letter would he sent to the incumbent informing them
of the expiration date and asking them if they would like to be considered for
re-nomination and to notify them that in the following week's paper, it would he
publicized for any and all applicants to submit their application. SECONDED by
Councilman Minarsich. Councilman Fox said that the purpose of the motion was to
take the staff out of the middle of working with a board that they don 't appoint
and open the playing field for all citizens, that if they would like to serve,
their application would be considered by the Council just as any other citizen
would be considered. Motion CARRIED unanimously.
AGENDA ITEM #6 - PUBLIC HEARING ON THE PROPOSED REZONING OF THE AREA TO BE KNOWN
AS PLAT 509 THAT IS LOCATED EAST OF MONTEZUMA BOULEVARD. THE REZONING REQUEST
IS FROM THE CURRENT R1-10 ZONING DISTRICT TO A NEW ZONING CLASSIFICATION OF
"RUPD".
Mayor. Cutillo called the public hearing to order at 7:22 p.m. Mr. Jeppson stated
that MCO was proposing to replat plat 507C and a portion of plat 507D that was
east of Montezuma Boulevard, from an R1-10 to an R.IJ.P.D. He said they proposed
to replat the current 74 lots to develop into 46 residential lots. Mr. Jeppson
said that the developer wanted to change the rear yard setback from twenty-five
feet to twenty feet, the distance between buildings from fifteen feet to ten
feet, and to change the minimum lot width from eighty feet to sixty feet. Mr.
Jeppson said that Planning and Zoning had recommended approval . Mayor Cutillo
called for favorable comment from the public. Mr. Rielli stated that he would
answer any questions. Mayor Cutillo called for any oppositional comment. Mayor
Cutillo called the public hearing closed at 7:26 p.m. reconvening the Regular
Session at 7:27 p.m.
AGENDA ITEM #7 - DISCUSS AND POSSIBLY ACT UPON THE REZONING RECOMMENDATION OF
PLAT 509.
Councilman Minarsich made a MOTION to accept MCO's rezoning request for Plat 509
from R1-10 to R.IJ.P.D. Z91-05. SECONDED by Councilman Fox and CARRIED
unamimously.
410, Minutes of the Regular Session of the Town Council 12/19/91
Page 3 of 8
Mayor Cutillo recessed the Regular Session at 7:28 p.m. to go into a Public
Hearing for: 14)
AGENDA ITEM #8 - PUBLIC HEARING ON THE PROPOSED AMENDMENT TO THE HTLLSiDE
DEVELOPMENT STANDARDS TO EXCLUDE LOTS 18,000 SQUARE FEET OR LESS FROM THE MAXTMIJM
LOT DISTURBANCE PROVISIONS OF THE HILLSIDE DEVELOPMENT STANDARDS.
Mayor Cutillo called the Public Hearing to order at 7:29 p.m. Mr. Jeppson stated
that the Planning and Zoning Commission had held a public hearing on the above
referenced topic. Mr. Jeppson said that staff had received a number of
complaints from people who found it very difficult to develop their lots that
were subject to the hillside development standards. He said that after the
public hearing, the public testimony was all in favor of the request. Councilman
Minarsich asked for clarification on the request. Mr. Jeppson stated that there
would be no maximum limitation on the percentage of allowable disturbance on a
lot 18,000 square feet or less. He said that they would be allowed to disturb
up to one-hundred percent of the lot, subject to the other hillside development
standards provisions. Councilman Hudson asked if staff's grading policy was
consistent . Mr. Jeppson stated that the Building and Safety Department was using
the Universal Building Code Standards and tried to stay consistent. He said that
staff had recommended a total maximum allowable disturbance of fifty percent.
Mayor Cutillo called for anyone in the audience to speak in favor of the request.
Ms. Chris Sercue, Kingsway, spoke in favor of the request. She said that in
designing her home, they found that they were over the allowable percentage and
would not he able to have any area for recreation if they stayed within the
allowable disturbance percentage. Mr. Dale Phillips, 16238 Keymar, stated that
in 1988 he purchased a lot on Winchester and they had a problem fitting a 2, 100
square foot home on his lot, because it was a hillside lot. Mr. Phillips
explained his situation with the adjacent properties. Mr. Gordon Pittsenbarger,
17418 Calico, said he had been a builder in Fountain Hills for the past seven
years and felt that. the Town had lost many residents to other areas of the valley
because they could not build the home they wanted here. He explained that most
of the hillside lots backed up to washes and the request should not hurt the town
aesthetically. Mr. Jim Serene, Kingsway, explained briefly the master planning
process and zoning within the community. He stated that the hillside lots were
everywhere in Fountain Hills and that they were looking for uniformity in the
simplest manner. Mayor Cutillo then called for persons opposed to the request.
Mayor Cut.illo called the public hearing closed at 8:04 p.m. , reconvening the
Regular Session at 8:05 p.m.
AGENDA ITEM #9 - DISCUSS AND POSSIBLY ACT UPON THE AMENDMENT OF ARTICLE XXiV. ,
SECTION 24.6(1)(a) OF THE FOUNTAIN HiLLS ZONING ORDINANCE TO EXCLUDE LOTS 18,000
SQUARE FEET OR LESS FROM THE MAXIMUM LOT DISTURBANCE REQUIREMENTS OF THE HILLSIDE
DEVELOPMENT STANDARDS.
Councilman Hudson made a MOTION that the request be approved. SECONDED by
Councilman Clark. Councilman Minarsich stated that he had heard the Committee
of Architecture mentioned frequently during the discussion, saying that Mr.
Farrell had advised the Town not to consider them when making a decision.
He said that he could not support a 100% lot disturbance and that staff's
Minutes of the Regular Session of the Town Council 12/19/91
Page 4 of 8
recommendation was up to 50%. Councilman Minarsich said perhaps people do move
here because of the strict standards that keep the local aesthetics. He said
that staff, in cooperation with the Commission, was currently in the process of
examining the possibility of relating physical parameters such as retaining wall
height , cut and fill requirements and all other related matters. Councilman
Minarsich continued that this proposal. was premature and should not he considered
before the completion of studies currently underway. Vice Mayor Tibbetts asked
how many requests for variance hearings had been submitted for this problem. Mr.
Jeppson responded that he did not recall any for lots of the 18,000 square feet
and under category. Councilman Fox asked Mr. Pittsenbarger if he thought a fifty
percent limit would prevent a problem. Mr. Pittsenbarger said that the increase
would give great relief, however, it probably would not be enough of an increase.
Councilman Fox stated that he could not agree with a 100% disturbance either.
Mr. Jeppson said that it was the change of contours that was referred to as
disturbance in the hillside areas. Councilman Clark asked how much of a problem
it was in changing from 15,000 to 18,000 square feet in size. Mr. Bob Thomas
responded that the Commission's vote was five to one in favor of the amendment.
Mr. Thomas stated that he did not feel that the timing was proper for this issue.
He added that it was an extremely complex issue and should not be rushed in to.
Mr. Thomas said they should have a final plan for the Council in the spring of
1992. Vice _Mayor Tibbetts said everyone on the Council was concerned with
arbitrary regulations. She said consideration should be given to how people with
this problem could he helped. Mr. Nordin asked Mr. Jeppson how many variance
requests there had been and the results. Mr. Jeppson said that there had been
a total of three and they had all been granted. Councilman Minarsich stated that
in the two years that the Town had been incorporated, there had not been such a
request, and he did not see an urgency. Councilman Minarsich stated he would
(1110 like to MOVE THE VOTE. SECONDED by Councilman Fox and CARRIED unanimously. The
motion to accept the amendment. was DEFEATED, six nay votes to one aye vote,
Councilman Hudson casting the aye vote. Mr. Nordin requested that the Council
give a statement to the Commission. Councilman Clark stated that the Commission
should base their decision on the outcome of the studies. Councilman Minarsich
requested that in future packets, the author should be identified. Mr. Thomas
said it was the intention of the Commission to proceed with the revised 1992
planning ordinance.
Mayor Cutilio recessed the Regular Session at 8:45 p.m. and opened the public
hearing on the following agenda item:
AGENDA ITEM #10 — PUBLIC HEARTNG ON THE ISSUANCE OF SPECTAL USE PERMIT 91-09 FOR
AN ELDERLY CARE HOME AT 17418 CALICO.
Mr. Nordin stated that staff had thoroughly studied this application and he had
reviewed the past presentations staff had made. Mr. Nordin said that Mr. Farrell
had delivered an opinion that significantly questioned the Town 's ability to
provide any regulation to this type of facility, other than the spacing of the
homes. Mr. Nordin said that staff recommended the permit be approved along with
the appropriate ordinance revision that would bring the code in line with what
the U. S. Congress required. Mayor C,itillo asked for anyone to speak favorably
on the request and Mrs. Ziehart, the applicant spoke. She said that they had
Minutes of the Regular Session of the Town Council 12/19/91
Page 5 of 8
complied with all the necessary requirements and invited the Council to visit the
facility after it opened. Mayor Cutillo requested that any one in opposition
speak. Ms. Donna Bayo said she was concerned that there were single and multiple
family areas and questioned why this exception was being allowed. Mr. Dotterman
said the Federal Fair Housing Act required that handicapped people may not he
treated any differently from any other residents . Councilman Minarsich said that
Council had received a descenting opinion from Life Care Center of Scottsdale.
Councilman Minarsich asked who regulated the facility, Mr. Nordin said the State
does. Councilman Minarsich asked who dispensed the resident 's medications, Mr.
Nordin said a state certified resident. Vice Mayor Tibbetts said that she had
spoken to someone from the Life Care Center and she said that the Council would
need to respond in letter form. Ms. Jackie Wook spoke, stating that she had some
concerns with this type of facility. Mayor Cutillo declared the public hearing
closed at 8:5.5 p.m.
AGENDA ITEM #11 - DISCUSS AND POSSIBLY ACT UPON SPECIAL USE PERMIT 91-09 FOR AN
ELDERLY CARE HOME AT 17418 CALICO.
Mayor Cutillo reconvened the regular session at R:.56 p.m. Councilman Fox made
a MOTION that, since it was the opinion of staff and legal counsel that the
denial of the request would be in violation of Federal Law as it currently stood,
they accept the application for the permit and the applicants upon being issued
a business license for the Town of Fountain Hills, be granted their application.
SECONDED by Mayor Cutillo. Councilman Fox re-iterated to Mrs. Ziebart that she
had to he state certified before her business license issuance. Councilman Clark
requested that Councilman Fox restate his motion. Councilman Fox restated his
MOTION as follows: He moved that they be allowed to have the business permit
subject to the section stating that they do need state certification license
number. SECONDED by Councilman Clark. Mayor Cutillo called for a vote on the
question and Councilman Clark made the MOTION. SECONDED by Councilman Minarsich
and CARRIED unanimously. Mayor Cutillo called for a vote on the motion which •
CARRIED unanimously.
AGENDA ITEM #12 -DISCUSS AND POSSIBLY ACT UPON THE PROPERTY OWNERSHIP DECISION
ON THE OPEN AREAS OF GOLDEN EAGLE ESTATES INCLUDING THE POSSTRTLTTiES OF TOWN
OWNERSHIP OR A HOMEOWNERS ASSOCIATION OWNERSHIP.
Councilman Minarsich made a MOTION to accept property ownership under the Town
auspices of Golden Eagle Estates ' open space. SECONDED by Vice Mayor Tibbetts.
Councilman O'Brien stated that there was always the possibility of future public
ownership, if private ownership was not feasible. Councilman Hudson stated that
he did not feel that anything the Council would pass would set a precedent. He
said that the Town had a loss-control committee and one of it 's functions was to
arrange for inspection of town-owned property on a regular basis
including the vacant land. Mayor Cutillo stated that the Council did set
precedent when they acted. Mayor Cutillo said that he saw no reason for the Town
to own land just because it was available. Councilman Minarsich said that the
Parks and Recreation Department was examining land such as this for local
neighborhood and community wide use. He said that they were also currently
Minutes of the Regular Session of the Town Council 12/19/91
Page 6 of 8
looking at taking over all the MCO owned arroyo areas in the community. Vice
Mayor Tibbetts stated that there may he a solution by splitting the property
ownership, the Town own the open space and the developer own the landscaped
common areas . Mr. Nordin stated that MCO had suggested that they would maintain
the areas for a period of two years or until eighty percent of the lots were
sold, whichever came first. HP said the Council was at liberty to deny or alter
the conditions of the proposed agreement. Mr. Rielli said that the Council 's
decision would he what MCO would do at recordation of final plat. He said if it
was completely unacceptable, they would form a home owners ' association. Vice
Mayor Tibbetts stated that the open areas had a public value and use, the
landscaped areas were an amenity for that subdivision. Mr. Nordin said the
Council should propose what they feel would be appropriate for the ownership and
let MCO decide whether they accept it or not. Councilman Clark asked if the land
would he suitable to he a part of the Parks and Recreation plan. Councilman Fox
said that Ms. Goodman said this area probably would fit into a larger, overall
plan. Councilman Clark AMENDED THE MOTION to add that the areas along the road,
the landscaped common areas, not he taken over by the Town until eighty percent
of the lots have building permits issued. SECONDED by Councilman Minarsich. Mr.
Rielli stated that MCO would not agree to tying building permits to the
maintenance and that they would form a home owners ' association. The amendment
CARRTRD with a vote of five aye votes to Mayor Cutillo and Councilman Clark's two
nay votes. The ORiGTNAL MOTION CARRIED with a majority vote of four aye to three
nay votes as follows:
Councilman O'Brien nay
Councilman Hudson aye
Councilman Clark nay
Vice Mayor Tibbetts aye
Councilman Minarsich aye
Councilman Fox aye
Mayor Cutillo nay
AGENDA ITEM #13 — PURSUANT TO A.R.S. 38-431.02.A.t AND A.R.S. 38-431 .03.A.4, VOTE
TO GO INTO EXECUTIVE SESSION FOR DTSCUSSTON OR CONSIDERATION OF EMPLOYMENT,
ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTTON, DISMISSAL, SALARIES, DiSCIPLTNTNG
OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYER OF ANY PUBLIC BODY,
EXCEPT THAT WTTH THE EXCEPTION OF SALARY DTSCUSSTONS, AN OFFICER APPOINTEE OR
EMPLOYEE MAY DEMAND THAT SUCH DTSCUSSTON OR CONSIDERATION OCCUR AT A PUBLIC
MEETTNGJ AND FOR DISCUSSION OR CONSULTATION WiTH THE ATTORNEYS OF THE PUBLIC BODY
TN ORDER TO CONSIDER ITS POSITION AND TNSTRUCT iTS ATTORNEYS REGARDING THE PUBLIC
BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION, RESPECTIVELY.
Vice Mayor Tibbetts made a MOTTON to go into executive session. SECONDED by
Councilman Minarsich and CARRIED unanimously.
AGENDA ITEM #14 — CALL TO THE PUBLIC.
Mayor Cutillo made a call to the public. Mr. Steve Gendling said that Fountain
Minutes of the Regular Session of the Town Council 12/19/91
Page 7 of 8
Hills had a good reputation around the state for being a progressive and
harmonious community. He commended the Council on their good attitude and policy
and reminded them that Mr. Nordin and his staff were responsible for carrying out
the Council 's recommendations.
AGENDA TTEM #15 — GO INTO EXECIJTTVE SESSTON/RRTIJRN TO REGULAR SESSION.
The Council adjourned regular session and went into executive session at 9:25
p.m. The Council returned to regular session at approximately 11 : 10 p.m.
AGENDA ITEM #16 — DISCUSS AND POSSIBLY ACT UPON A MERIT PAY INCREASE FOR THE TOWN
MANAGER.
Councilman O'Brien made a MOTION to approve a salary increase of $500 per month,
effective April 1 , 1992. SECONDED by Councilman Clark. Mayor Cutillo stated
that the raise would be effective until July 1993, therefore there would he no
raise at the next review period. Councilman Minarsich said that there would he
a review on May 1 . Motion CARRTED unanimously.
AGENDA 'ITEM #17 — ADJOURNMENT.
Councilman Hudson made a MOTION to adjourn. SECONDED by Mayor Cutillo and
CARRIED unanimously.
The Town Council adjourned at approximately 11 :21 p.m.
TOWN j F01 TN HILLS
By:
A _
John/'M. Cutillo, Mayor
ATTEST:
Peter P tterman, or the Town Clerk
GPel7
PREPARED BY:
Lari i,. Bratcher, Secretary
CERTIFICATION
T hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the Regular Meeting held by the Town Council of Fountain Hills on the
19th day of i)ecember 1991 . T further certify that the meeting was duly called
and that a quorum was present..
DATED this I (017k, day of January 1992. /1 .
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 12/19/91
Page 8 of 8