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HomeMy WebLinkAbout1994.0915.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE Lov FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 15, 1994 A public meeting of the Fountain Hills Town Council was convened and called to order by Vice Mayor Hudson at 6:30 P.M.,Thursday,September 15, 1994,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: Vice Mayor Wally Hudson, and Councilmembers Bill O'Brien,Frank Clark, Marianne Wiggishoff,Peg Tibbetts and Don Lawrence . Mayor John Cutillo was absent. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen and Director of Community Development Gary Jeppson. Vice Mayor Hudson read the Consent Agenda as follows: AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF AUGUST 30TH AND SEPTEMBER 1, 1994. AGENDA ITEM #3 - CONSIDERATION OF CHANGING THE STREET NAME OF MONTEZUMA BOULEVARD TO SUNRIDGE CANYON DRIVE. THE CHANGE WILL ALLEVIATE HAVING A STREET THAN CHANGES NAMES IN THE MIDDLE. AGENDA ITEM#4- CONSIDERATION OF RESOLUTION 1994-42,APPROVING THE TRANSFER OF CONTROL OF AMERICAN CABLE TELEVISION,INC., THE FOUNTAIN HILLS LICENSE HOLDER, TO COX CABLE COMMUNICATIONS, INC. PURSUANT TO ARTICLE 13-12 OF THE TOWN CODE. Councilman Clark MOVED to accept the Consent Agenda as read. Councilwoman Tibbitts SECONDED the motion. A roll call vote was taken with the following results: Councilman Lawrence aye Councilwoman Tibbetts aye Councilwoman Wiggishoff aye Councilman Clark aye Councilman O'Brien aye Vice Mayor Hudson aye Mayor Cutillo absent AGENDA ITEM #5 - PRESENTATION TO THE COUNCIL BY EAGLE SCOUT CANDIDATE KEVIN WOMBLE OF HIS EAGLE SCOUT PROJECT WHICH INVOLVED THE MARKING OF THE NORTHWEST BOUNDARIES OF THE TOWN. Mr. Kevin Womble displayed his project to the Council. He pointed out the location of the northwest boundaries of the Town of Fountain Hills where the McDowell Mountain range is situated and explained how he arrived at his Minutes of the Regular Session of the Town Council 09/151194 Page 1 of 5 calculations. Vice Mayor Hudson congratulated Mr. Womble on his success with this project. AGENDA ITEM#6 -MONTHLY REPORT BY MAGISTRATE STUART SHOOS. Councilman Lawrence announced that Magistrate Shoob was celebrating his birthday and read a poem written by Jeff Valder. Magistrate Shoob presented his report to the Council for the month of August, 1994. He stated that he presently has two full time clerks and one part time collection officer. He asked the Council to change the collection officer position to a full time position due to the increased workload. Judge Shoob reviewed his report and indicated the outstanding account total of$150,824 which represented four year's uncollected accounts. He said that the Town would only rrali7e 60% of that total when collected; the other 40%represented a state surcharge. With a full time collection officer on staff,Judge Shoob thought the increased revenues obtained would support the cost of wages and benefits. AGENDA ITEM#7 - CONSIDERATION OF THE REVISED 1994/95 PROGRAM OF WORK FOR THE TOWN MANAGER. Town Manager Nordin discussed the Proposed Program of Work which was compiled as a result of agenda items discussed at the Council Retreat Meeting,August 31, 1994. He referred to a change to the Program of Work which dealt with the possible establishment of a local sales tax. Deadlines previously set forth were extended to allow for community, staff and Council input. Councilman Clark asked about an itemized outline of information for funding projects rather than a lump sum figure, creating a'shopping list'. Mr.Nordin said that tables for sales tax projections for various tax amounts imposed,cost estimates for funding projects and maintenance expenses would be submitted to the Council. Councilman Clark MOVED to adopt and accept the Town Manager's Program of Work as presented in the Council packet and amended by a memo dated 9/15/94. Councilwoman Tibbetts SECONDED the motion. Mary Pilarinos asked about obtaining a copy of the Town Manager's work plan. Vice Mayor Hudson said it was a public record and was available at the Town Hall. The motion CARRIED unanimously. AGENDA ITEM#8 -CONSIDERATION OF THE TOWN COUNCIL SETTING A DATE FOR A PUBLIC HEARING TO AMEND SECTION 2.05.B.3. TO ESTABLISH A TIME LIMIT FOR PLANNING AND ZONING COMMISSION REVIEW OF PLANNED UNIT DEVELOPMENT APPLICATIONS AND TO AMEND SECTION 2.01.D.7.; SECTION 2.02.D.TO SPECIFY THAT APPLICATIONS FOR REZONING, SPECIAL USE PERMITS WILL AUTOMATICALLY BE FORWARDED TO THE TOWN COUNCIL IF THE PLANNING AND ZONING COMMISSION FAILS TO ACT UPON SUCH APPLICATIONS WITHIN A SPECIFIED TIME PERIOD. Gary Jeppson,Director of Community Development,reviewed the history of this item saying that on February 10, 1994 the Planning&Zoning Commission had held its first public hearing regarding an amendment for a time limit to review special use,planned unit development or rezoning applications. The proposed amendment at that time Minutes of the Regular Session of the Town Council 09/15//94 Page 2 of 5 was to set a time limit of 21 days from the public hearing date for the P&Z Commission to make recommendations to the Council on applications. Failure to act in that time period would result in the application automatically being forwarded to the Town Council with a recommendation for denial from the Planning & Zoning Commission. No actions was taken on the amendment at that time. At the August 25, 1994 meeting, the Planning & Zoning Commission recommended alternative language to extend the time limit to ninety (90) days from the date of application to review an application before a recommendation for denial was made to the Town Council. Mr. Jeppson said that the Council could decide what language to present at the public hearing. Mr. Nordin said that the published notice for the zoning ordinance amendment should contain precise and close to fmal language prior to the hearing process. Councilman O'Brien submitted a third alternative for the Council to consider. He proposed a sixty day time period for the Planning&Zoning Commission to respond to an application. He felt that if a recommendation was not ready by that time, a recommendation of denial be automatic. Councilman Lawrence asked Mr.Jeppson for staff's recommendation as to when the 60 day time limit should begin— after the public hearing or upon application. Mr. Jeppson stated that staff preferred the time limit to begin at the date of the public hearing in the event there were problems with publication of the notice. He wanted to make sure the Commission had enough review time before the public hearing. Councilman Lawrence said he thought a 28 day period for staff time review and 42 days from the date of public hearing (rather than 21 days), would be reasonable. Councilman Tibbetts said that the date of the public hearing would be a good place to begin the time limit. She asked about the time a public hearing would take on a complicated project. Mr.Jeppson stated that extensive time was spent when rezoning applications were combined with subdivision applications. Councilman Clark said he thought the 21 day time limit was not appropriate for proper review. He agreed that the time limit period should be started from the date of the public hearing which would result in about 60 days. Attorney Farrell urged the Council to establish a time limit amendment rather than permit continuances that would prolong actions for extended periods of time. He asked the Council to consider the addition of a consent phrase for continuance of a public hearing on a matter with the consent of the applicant. Mr.Jeppson stated the staff did not intentionally remove the consent language but that it had been inadvertently omitted. Councilman O'Brien and Councilwoman Wiggishoff approved of the 60 day time limit from date of public hearing as well as providing mutual continuance consent language. Jim Jenkins,MCO Properties,stated he would prefer language to start the time limit at the first public hearing date. Councilwoman Tibbetts MOVED to set the public hearing for October 6, 1994. Councilman O'Brien SECONDED the motion which CARRIED unanimously. AGENDA ITEM#9-CONSIDERATION OF THE TOWN COUNCIL INITIATION OF A TEXT CHANGE TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO SET THE MINIMUM SIDE YARD SETBACK REQUIREMENTS FROM SEVEN FEET TO FIVE FEET AND NINE FEET IN R1-10, RI-10A, R1-8 AND R1-8A ZONING DISTRICTS. Mr. Jeppson stated that SunRidge Canyon LLC had requested the side yard setback requirements be changed to enable a homeowner to have vehicular access to their back yard. The current setback was 7' on each side. Minutes of the Regular Session of the Town Council 09/15//94 Page 3of5 , Councilwoman Wiggishoff asked if each situation could be handled separately without zoning language changes. Mr. Jeppson said that on a lot by lot basis, the building of custom homes would be difficult to facilitate. Bruce Hansen,a member of the P&Z Commission,stated that he thought the five and nine foot setbacks were a good idea for future access to property owner's rear yards. He asked if the Town had the ability to regulate the setbacks so that when one house had a five foot side yard, the adjacent side yard would be nine foot. Mr. Nordin said that it would be the decision of a property owner as to which side would be five feet and which side yard would be nine feet. Bob Thomas, a member of the P&Z Commission, stated that the Planned Unit Developments could be regulated to provide adequate side yard setbacks but it would be harder in other residential zoning districts. There was no motion to change side yard setback requirements from the Council. AGENDA ITEM#10 -CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW.) No one came forward. AGENDA ITEM#11 - ADJOURNMENT. Councilman O'Brien MOVED to adjourn the meeting. Councilwoman Tibbetts SECONDED the motion which was CARRIED unanimously. The meeting adjourned at 7:30 P.M. Minutes of the Regular Session of the Town Council 09/15//94 Page 4of5 , TOWN OF FOUNTAIN HILLS By: �C1Q � . gc-4411 W llare Hudson, Vice Mayor ATTEST: Cassie B. Hansen, Town Clerk PREPARED BY: ', _ Linda D. Lemmen,Administrative Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by the Town Council of Fountain Hills on the 15th day of September, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of October, 1994. 0,4111,41 - iljti-4A4A_i Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 09/15//94 Page 5 of 5 J