HomeMy WebLinkAbout1993.0914.TCSM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 14, 1993
A special session of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo
at 6:00 p.m., Tuesday, September 14, 1993, in the Fountain Hills Town Hall Council Chambers, located
at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona.
ROLL CALL - Following the pledge to the flag and the invocation by Councilman Lawrence, roll call
was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor
John Cutillo, Vice Mayor Bill O'Brien and Councilmembers Peg Tibbetts, Wally Hudson, Don Lawrence,
Mike Minarsich, and Frank Clark. Also present were Town Manager Paul Nordin and Town Clerk Cassie
Hansen.
AGENDA ITEM #2. - PURSUANT TO A.R.S. 38431.03.A.1. AND A.R.S. 38-431.03.A.3. VOTE TO
GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OR CONSIDERATION
OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL,
SALARIES. DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR
EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY
DISCUSSIONS. AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH
DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY
MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL
NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24
HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER
SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING; AND
FOR DISCUSSIONS OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR
ATTORNEYS OF THE PUBLIC BODY, RESPECTIVELY. (COUNCIL WILL BE
INTERVIEWING APPLICANTS FOR THE PLANNING AND ZONING COMMISSION AND
WILL BE IN EXECUTIVE SESSION FOR A MINIMUM OF ONE AND A HALF HOURS.)
Mr. Nordin said he had obtained waivers from six (6) of the seven (7) applicants to be interviewed in
accordance with the Executive Session rules just read. Thomas Mann would not be available.
Mayor Cutillo MOVED to go into the Executive Session. SECONDED by Councilman Minarsich and
CARRIED unanimously.
Mayor Cutillo recessed the Special Session at 6:05 p.m. and went into the Executive Session.
AGENDA ITEM #3. - RETURN TO SPECIAL SESSION.
The Council returned to Special Session at 8:55 p.m.
Minutes of the Special Session of the Town Council 09/14/93
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AGENDA ITEM #4. - CONSIDERATION OF APPOINTING THREE INDIVIDUALS TO THE
PLANNING AND ZONING COMMISSION TO FILL THE SEATS VACATED BY EXPIRING
TERMS.
Mayor Cutillo said the Council had spent two (2) hours interviewing six (6) of the candidates.
Councilman Hudson MOVED that the appointments be postponed until the regular Thursday Council
meeting. SECONDED by Councilman Clark. Councilman Clark stated there had been a resignation from
the Planning and Zoning Commission. One (1) person was not available to be interviewed and Council
wanted to interview that person before a decision was made. Mayor Cutillo said each Councilmember
would submit their selection, in order of preference, the Town Manager would compile the votes, the
results would be brought back to Council, and nominations would be made. The motion was CARRIED
unanimously.
Mr. Nordin clarified that the Thursday agenda and additional Executive Session language would be posted
to allow Mr. Mann to be interviewed and an appointment item would be placed on the agenda.
AGENDA ITEM #5. - DISCUSSION OF THE PROPOSED ZONING ORDINANCE CHANGES.
Mr. Jeppson said the Council had received a recommendation from the Planning and Zoning Commission
(Commission) on the six (6) questions that Council had asked and had received comments from MCO
Properties with recommendations from staff on addressing those issues.
Mr. Nordin reminded the Council of where the process stood. The Council was at a position to take as
much time as needed to discuss the document, to provide direction on format and provisions to be placed
into the document. It was recommended that at the conclusion, it would be presented to the public
through a formal public hearing process. It would then be heard at the P & Z Commission hearing, after
which it would be presented to Council for adoption. Councilman Clark said he would like to cut
through what appeared to be a laborious task. There appeared to be a consensus on the great majority of
the document and only one area was still sensitive. Councilman Minarsich suggested Mr. Jeppson explain
what the differences were. Councilmembers concluded the first five (5) out of the six (6) questions were
acceptable. Councilman Clark MOVED that Council approve for adoption the recommendations of the
Commission supported by staff on the five (5) items that the Council had asked for recommendations and
referred to in the August 27, 1993 letter to the Mayor and Council from Chairman Thomas and dealing
with Sections 3, 6, 10, 11 and 12. SECONDED by Mayor Cutillo and CARRIED unanimously.
Hillside and Land Disturbance
Mr. Jeppson passed out a letter from the Planning & Zoning Commission (Commission) disagreeing with
staff recommendation in regard to subdivision. Staff wanted to use the finished grade and the Commission
wanted to use the height figured from the natural grade. Vice Mayor O'Brien felt the staff
recommendation would not be a solution. The issue was not whether the original grade was higher or
lower then the original value but how much it had been disturbed. Mr. Nordin said this could be dealt
with and regulated at the subdivision processing point and the subcontractors could be provided with clear
and concise regulations. There would be less governmental interference and less expense on the part of
the contractor. Councilwoman Tibbetts agreed that when dealing with subdivisions, a finished grade was
Minutes of the Special Session of the Town Council 09/14193
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the practical efficient way to go. Councilman Minarsich concurred and said it would simplify the process
for the builder and for staff and would eliminate unnecessary regulations. Tom Henry from the
Commission said the document consisted of over 100 hours of meetings and sub -committee hearings. The
builders and developers were about 90% satisfied with it. He felt when staff had to come up with
language for each comment, it might suggest the document was political. Many of the public did not care
for Crystal Ridge and the document allowed for another Crystal Ridge. A great deal of clarification and
discussion followed.
Bill Tessmer, 13134 Rand, suggested a reference point be established. He felt the Council was convoluting
the issue. Jim Ritchie, Telegraph Drive, represented the majority of the homeowners from Plat 604 C and
B. He said they were against the 10' fill and the homeowners wanted to see a zero (0) fill. Bob Thomas,
Commissioner of the P & Z, felt there should be some flexibility on the height of the pad. Greg Bielli,
MCO Properties, said their concern dealt with the issue that subdivision development was different than
an individual lot development. Constraints, physical construction and height of a home on a lot at natural
grade or approved finish grade during a building plan submittal would be different. In a subdivision
development criteria, a parcel of land might have some areas that needed to be filled because of reshaping.
MCO wanted the height of the structure decided after the approval of the subdivision. Mr. Bielli said this
was the debate. From an implementation standpoint, it would not work when both of the development
programs were under one ordinance.
Mayor Cutillo MOVED to approve Chapter 1, Page 1, building height recommendations as stated by staff
that included Section 511.G. SECONDED by Councilman Minarsich. Councilman Clark asked if this
would include subdivisions. Mr. Jeppson said this section did not deal with subdivisions. There were
other subsections in the land disturbance section that dealt with subdivisions. The motion CARRIED
unanimously.
Chapter 2
Page 2 - No comments
Page 3 - No comments
Page 4 - Language will be added to include agreement with applicant.
Page 5 - No changes
Page 6 - Language relating to level 1 environmental study prior to dedication to open space will be added.
Mr. Bielli, MCO Properties, suggested prior to the Town accepting title to a parcel designation, the Town
administratively look at the transfer posed in the ordinance as part of the environmental review.
Numbers 7, 8, 9, 14, 15, 16, and 17 - No comments
Number 18 - Footprint versus formula. Mr. Jeppson said on larger lots it was more restrictive with four
times the footprint then the hillside disturbance. The contractors wanted to have the option of either the
footprint or the formula. Vice Mayor O'Brien MOVED to restore Section 3 and 4 that had been struck.
For lack of a second, the motion FAILED. Councilman Minarsich MOVED that the new Section 3 A
Minutes of the Special Session of the Town Council 09/14/93
Page 3 of 4
and B be adopted. SECONDED by Mayor Cutillo. The motion CARRIED with six (6) aye votes and
one (1) nay vote cast by Vice Mayor O'Brien.
Mr. Jeppson recommended that Council issue the waivers and not the commission.
Page 34 - Limitations of Cut and Fill. Mr. Jeppson said the second line should read, "fill or the depth
of any exposed cut area" and delete "base and excavations...". The word "original" should be deleted.
In the following sentence, strike out "for the development of a park, golf course, or other recreational
development..."
Vice Mayor O'Brien MOVED to approve all changes in 2-01 through 15.10. SECONDED by
Councilman Hudson and CARRIED unanimously.
Mr. Nordin said the document would be finalized for the first Council meeting in October.
AGENDA ITEM #7. - ADJOURNMENT.
Mayor Cutillo called for a motion to adjourn. Councilman Minarsich made a MOTION to adjourn.
SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at
approximately 11:35 p.m.
TOWN OF FOUNTAIN HILLS
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By:
el
J M. Cutillo, Mayor
ATTEST:
Cassie B. Hansen, Town Clerk
PREPARED BY:
Maicia M. Jewett
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special
Session Meeting held by the Town Council of Fountain Hills on the 14th day of September, 1993. I
further certify that the meeting was duly called and that a quorum was present.
DATED this 4th day of November, 1993.
Al� , . 16 . Lz',�
Cassie B. Hansen, Town Clerk
Minutes of the Special Session of the Town Council 09/14/93
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