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HomeMy WebLinkAbout1992.0901.TCSWM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 1, 1992 A public work study session of the Fountain Hills Town Council was convened and called to order by Mayor John Cutillo at 6:30 p.m., Tuesday, September 1, 1992, in the Council Chambers of the Town Hall Offices located at 16836 E.Palisades Blvd., Building C,Fountain Hills, Arizona. Present were the following members of the Fountain Hills Town Council: Mayor John Cutillo,and Councilmembers Wally Hudson,Bill O'Brien,Peg Tibbetts,and Mike Minarsich. Vice Mayor Charlie Fox arrived late at 6:33 p.m. Councilman Frank Clark was absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell, Director of Community Development Gary Jeppson,Town Marshal Steve Gendler,and Town Clerk Cassie Hansen. Mayor Cutillo explained that all items listed with an asterisk (*) were considered to be routine, non-controversial matters requiring little or no discussion. Those items would appear on Thursday night's consent agenda and there wwould be no separate discussion of those items at the work study session unless a Councilmember so requested. If a Councilmember wished to discuss an asterisked item, they may request so during the work sutdy session and the item would be discussed in its normal sequence on the agenda. AGENDA ITEM#2-CONSIDERATION OF RESOLUTION 1992-24,ABANDONING WHATEVER RIGHT: TITLE, OR INTEREST IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE REAR LOT LINE OF LOT 33, BLOCK 8, OF PLAT 212 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 141 OF MAPS, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA. Mr. Nordin said that Vice Mayor Fox requested discussion of this item. Vice Mayor Fox asked if the easement abandonment process could be streamlined,reducing the 30 day waiting period after the resolution was passed. Mr. Jeppson said a request would not be brought to the Council if the Town Engineer said the easement area was essential for public drainage or a utility company said they were going to use the easement. Vice Mayor Fox said he wanted to use the emergency clause so that people could start construction immediately. He stated that he would like to further expedite the procedure by letting staff approve the requests. Vice Mayor Fox said the Council could be used for the appeal process. Councilman Minarsich stated that he agreed with Vice Mayor Fox. Mr. Farrell stated that staff could not approve the abandonments,however,they could use the emergency clause. He stated that the emergency clause needed six votes to pass. AGENDA ITEM #3 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION BY CIRCLE K. APPLICANT IS REQUESTING TO CHANGE THE BUSINESS NAME ON THE LIQUOR LICENSE FROM CIRCLE K#2823 TO CIRCLE K STORE#5030. THE BUSINESS ADDRESS AND CORPORATE NAME WOULD ALSO BE CHANGED. There was no discussion on this item. AGENDA ITEM#4 - TOWN MANAGER'S REPORT. #4.A.1.-Project update-(with possible direction from the council for appropriate action) Approval of change order #6 for the street paving project, adding drainage pipes and structures on Deerskin, Ivory, and 3 locations on Trevino. There was no discussion on this item. Minutes of the Work\Study Session of the Town Council 09-01-92 Page 1 of 4 #4.A.2.-Approval of change order#7 for the street paving project,adding paving on Palisades from El Lago north to the transition frontage road and on Ocotillo from Palomino to Mustang. There was no discussion onNuilO this item. #4.A.3.- Consideration of the procedure to appoint board members to the Planning and Zoning Commission to fill the expired terms. Mr. Nordin referred to the memo regarding the subject and requested direction from Council. He asked if the Council wanted staff to set up interviews for them. Mr.Jeppson stated that applicants were being solicited. Councilman Minarsich said he had received a suggestion to reduce the number of Commissioners from seven to five. Mr. Nordin and Mr. Farrell agreed that most Commissions had seven board members. Councilman O'Brien stated that the Council wanted to get copies of any applications as soon as they were received. Mayor Cutillo said the deadline was 5:00 p.m.on September 15. Mr.Jeppson said there were three new applicants and that only one of the incumbents had re-applied. AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1992-25,ESTABLISHING A FEE SCHEDULE FOR EASEMENT ABANDONMENTS. Mr. Nordin said that staff wanted the Council to consider charging a fee for the easement abandonment procedure. He stated that staff had researched the issue and a fee of$200 was appropriate. Mr.Nordin said that he and Vice Mayor Fox had discussed other or additional options. He stated that Community Development had requested additional staff. Mr. Nordin stated that the building activity was being mor.ic,'rd to see if there was a dramatic increase of activity that would require the addition of personnel. He said the% ;;re new plats being prepared also. Mr. Nordin stated that either a permanent person or a contract person could be added. He said that it was an appropriate time to re-evaluate the fee structure for easement abandonments and sub-divisions. Mr.Nordin stated that staff could re-evaluate the Community Development department and make a complete presentation to the Council. Councilman O'Brien stated that the fees could be reviewed on an annual basis. Mr. Jeppson explained the abandonment process to the Council. Councilwoman Tibbetts explained the development of Fountain Hills and the fact that the majority of the easements in the town were just"paper"easements. Councilman Minarsich said he did not agree with the theory. The Council agreed that the issue should be on the agenda for action. AGENDA ITEM #6 - CONSIDERATION OF ORDINANCE 92-08, AMENDING THE TOWN CODE CHAPTER 15 SUBDIVISION REGULATIONS, ARTICLE II PROCEDURES AND REQUIREMENTS, SECTION 202 PRELIMINARY PLAT REVIEW AND SECTION 206 FINAL PLAT BY ESTABLISHING NEW FEES; AND DECLARING AN EMERGENCY. Mr.Nordin stated that the fee structure had already been approved. Mr.Farrell stated that when the resolution was passed, the original subdivision ordinance had not been repealed or amendedto reflect the approved structure. Mr. Farrell said the agenda item was to amend the code to reflect the approved fee structure. AGENDA ITEM #7 - DISCUSS AND REVIEW POSSIBLE REVISIONS TO THE EXISTING ZONING ORDINANCE CONCERNING PROPOSED AMENDMENTS TO THE TEMPORARY SIGN REGULATIONS, RECREATIONAL VEHICLE STORAGE AND PARKING, AND HILLSIDE DISTURBANCE REGULATIONS. Mr. Jeppson stated that the Council had requested that staff insert certain amendments from the proposed zoning ordinance into the existing zoning ordinance. He said that the information used was the hillside development standards, the proposed land disturbance standards, revisions to the recreational vehicle regulations. Mr. Jeppson said that the amendments to the sign code addressed temporary signs. He said it would prohibit off-premise signs on private property but it would permit them in the public rights-of-way. Mr.Nordin stated that he had contacted the contractors and the Realtors and both organizations wanted decisions to be made soon on the hillside issue and Minutes of the Work\Study Session of the Town Council 09-01-92 , 4) Page 2 of 4 that the sign section could wait. Mayor Cutillo asked which issue should be discussed first. The Council decided to discuss the hillside issue first. Vice Mayor Fox requested that the issue be reviewed section by section. Mr. Jeppson explained the reason for the 3:1 slope ratio requirement for hillside disturbance areas and stated that it was to promote effective landscaping. He stated that a sloped area could be handled with retaining walls or gradual contouring. Councilman Hudson asked what a"tennis court fence"was. Mr.Jeppson stated that it was not definitely defined. The Council requested that "chain link" be specified. Vice Mayor Fox asked for clarification on the revegetation section. Mr. Jeppson explained that the Commission's proposed plan would restore property to the original,natural state. Vice Mayor Fox asked if a person was required to restore,to the original state,the entire foot print of the home or could they install the landscaping of their choice. Mr. Jeppson said the regulation would address lots over 18,000 square feet. He stated that the intent of the regulation was to revegetate the area within the foot print of the home. Mr.Jeppson explained that there should not be any disturbance outside the foot print. Vice Mayor Fox stated that he wanted the ordinance to require any disturbance outside the foot print to be revegetated to its natural state. Mr. Stan West explained that there were areas in Fountain Hills that had separate, very specific Deed Restrictions. He told the Council what those individual requirements were for those areas. Mr. West stated that the review process for future development would have to be on an individual basis,depending upon where the lot was located. Mr. Jeppson explained the height restriction and how it was figured. Councilman O'Brien said the new grading and drainage requirements did not adequately replace the hillside ordinance. He explained his objection to the square footage requirement and stated that he requested the last portion of that paragraph be struck. Mr. Jeppson said the Commission was concerned with the preservation of the land for the public. Councilman O'Brien stated that the ordinance did not address slopes or washes. He said it was based strictly on the size of the property. Councilman O'Brien stated that the foot print size should be limited and have no minimums. He said that would make everyone follow the same standard. Vice Mayor Fox stated that the landscaping on a quarter acre lot was not salvageable. Councilman O'Brien said there should be an envelope size that was relative to the size of the residence. Councilman Minarsich stated that a purchaser of an acre of land should be able to use the entire lot. Mayor Cutillo stated that the Town wanted to preserve the desert. Mr.Nordin asked how many hillside lots in Fountain Hills that would fall within the not-withstanding provision. Mr.Jeppson said that had not been addressed. Vice Mayor Fox said the Council had to decide if they wanted to preserve the desert. Councilman O'Brien stated that either possible decision for land disturbance, however, he wanted large and small lot owners treated the same. He said the proposed ordinance replaced the hillside ordinance but did not have anything to do with it. Mr. Hamilton asked if owners who had already constructed their residences would be penalized by the new ordinance. Mr.Jeppson stated that existing homes would be grandfathered. Mr.Montgomery suggested that the Council choose a number that would be the disturbance allowed on any lot. Mr.Jeppson then compared the existing recreational vehicle requirements and the proposed requirements. He said the existing regulation allowed a recreational vehicle to be parked in the rear yard without any screening requirements. Mr.Jeppson continued,stating that loading and unloading were currently allowed for up to a seventy- two hour period. He said the proposed ordinance stated that a recreational vehicle would be permitted in the rear yard. Mr. Jeppson stated that if the rear yard was not accessible the vehicle could be parked in the side yard, screened by a six-foot high fence or landscaping. He said the parking regulation stated that a recreational vehicle could not be parked in the front of a residence for more than two consecutive days. Councilman Minarsich suggested changing the verbiage to say any two consecutive days during a seven day period. Mr. Jeppson stated the Commission proposed issuance of a permit that allowed people to occupy a recreational vehicle for up to three days, no more than four non-consecutive times in a calendar year. Councilwoman Tibbetts stated that she did not support the recreational vehicle occupancy regulation. Councilman Hudson said he did not see a difference between allowing an unoccupied or an occupied recreational vehicle. Councilman O'Brien stated there was not much difference in appearance between an occupied and an unoccupied recreational vehicle. He pointed out that there would be a permit issued for occupancy and that would be a manner in which to track the occupancy. Mr. Hansen stated he thought there was a difference between occupied and unoccupied recreational vehicles. He pointed out that there were often pets to contend with,power supply and sanitation problems. Mr. Henry stated that the property values would be effected by loosening up on the regulations. He said that recreational vehicles were eyesores and if residents were allowed to store them at residences, it would ultimately lower the property values. Councilman Minutes of the Work\Study Session of the Town Council 09-01-92 Page 3 of 4 O'Brien stated that he thought the proposed change was a reasonable compromise. Vice Mayor Fox stated that the grandfather clause would not apply to boats or recreational vehicles. He said if an owner purchased a different residence the vehicle would not be permitted to move with them unless there was an enclosure for it. Mr.Farrell stated that grandfather clauses were not easily enforceable. Mr. Jeppson said that Ms. Puffer had told him that she wanted to use the property she owned in C-3 zoning for recreational vehicle storage. Mayor Cutillo stated that that use for the subject property would not be putting it to the highest and best use. He explained why. Mr. Hamilton stated that although he was tolerant of people that had to load or unload recreational vehicles,he did not want them parked for weeks at a time. Mr. Hamilton stated that he agreed with Councilwoman Tibbetts and did not want a recreational vehicle to be occupied at any time. He said the reason he moved to Fountain Hills was that the restrictions were strict and did not permit that type of thing. Councilman Minarsich stated that he agreed with the residents' comments and did not want to allow recreational vehicles to be occupied. He said that he favored permitting existing boats and recreational vehicles to remain,however, they should be screened by a block wall or mature landscaping. AGENDA ITEM#8 - ADJOURNMENT. Mayor Cutillo adjourned the Town Council Work/Study session at approximately 9:24 p. TOWN F AIN HIL By: J. - 4.- JoCCutillo,Mayor ATTEST: ( /3AA.A. LJ Cassie B. Hansen, Town Clerk PREPARED BY.41•4- � a►,�� Lari L. Bratcher, Secretary CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Work/Study Session held by the Town Council of Fountain Hills on the 1st day of September 1992. I further certify that the meeting was duly called and that a quorum was present. DATED this I 1 day of September 1992. @A-411--LL- 46 • Cassie B. Hansen, Town Clerk Minutes of the Work\Study Session of the Town Council 09-01-92 Page 4 of 4