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HomeMy WebLinkAbout1994.1201.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR & EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 1, 1994 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 P.M., Thursday, December 1, 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: Mayor John Cutillo, Vice Mayor Wally Hudson and Councilmembers Don Lawrence,Peg Tibbetts,Frank Clark,Bill O'Brien and Marianne Wiggishoff. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen, Town Engineer Randy Harrel, Director of Community Development Gary Jeppson and Planner Jeff Valder. Mayor Cutillo read the Consent Agenda which included the following agenda items. AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF NOVEMBER 17TH, 1994. AGENDA ITEM#3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THEIR HOLIDAY EVENT, "STROLL THE - AVENUE". THE ANNUAL EVENT IS SCHEDULED FOR SUNDAY, DECEMBER 11, 1994 FROM 4:30 P.M. TO 7:30 P.M. ON THE AVENUE OF THE FOUNTAINS. CLOSURE OF BOTH SIDES OF THE AVENUE FROM SAGUARO TO VERDE RIVER AND THE NORTH SIDE FROM VERDE RIVER TO LA MONTANA WILL BE REQUIRED. AGENDA ITEM #4 - CONSIDERATION OF THE FINAL REPLAT FOR VERDE HIGHLANDS, CASE NUMBER S94-93, LOCATED ON THE NORTH SIDE OF SUNFLOWER DRIVE, WEST OF MIMOSA DRIVE. AGENDA ITEM #5 - CONSIDERATION OF ORDINANCE 94-48, ADOPTING THE 1991 UNIFORM PLUMBING CODE; AND DECLARING AN EMERGENCY. AGENDA ITEM #6 - CONSIDERATION OF THE RESOLUTION 1994-56, ADOPTING FROM MCO PROPERTIES L.P. ALL RIGHT, TITLE, AND INTEREST THEY POSSESS TO CERTAIN REAL PROPERTY LOCATED IN FOUNTAIN HILLS, ARIZONA. Councilman Lawrence MOVED to approve the Consent Agenda. Councilwoman Wiggishoff SECONDED the motion. A roll call vote was taken with the following results: Minutes of the Regular & Executive Session of the Town Council 12/01/94 Page 1 of 6 Councilman Lawrence aye Councilwoman Tibbetts aye Councilwoman Wiggishoff aye Councilman Clark aye Councilman O'Brien aye Vice Mayor Hudson aye Mayor Cutillo aye The motion CARRIED unanimously. AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1994-56,ADOPTING THE UNIFORM BOND SCHEDULE, PRESUMPTIVE SANCTIONS FOR CIVIC TRAFFIC VIOLATIONS AND PRESUMPTIVE DEFENSIVE DRIVING PROGRAM FEES,AS APPROVED BY A MAJORITY OF PRESIDING JUDGES IN MARICOPA COUNTY. Councilman Clark MOVED to adopt Resolution 1994-56 as presented. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM #8. - CONSIDERATION OF ORDINANCE 94-27, AMENDING THE TOWN CODE CHAPTER 10, HEALTH AND SANITATION, SECTION 10-2-2, PUBLIC NUISANCES DEFINED BY ADDING A NEW PARAGRAPH P. REGARDING FRONT YARD STORAGE OF CONSTRUCTION EQUIPMENT AND MATERIAL. Town Attorney Farrell outlined the ordinance and explained that the purpose of this ordinance was to prohibit front 41116, yard storage of construction materials and portable construction equipment. Materials could be stored in front yards for projects under construction without valid building permits. Parking of trailers with construction equipment connected to vehicles would require the trailer to be disconnected from the vehicle and either stored in the garage or side yard with appropriate screening. Language was not provided for emergency situations and enforcement by the Marshal's Department would depend upon complaints filed. Councilwoman Wiggishoff stated that a tarp could be used for screening purposes. Mayor Cutillo referred to Paragraph H.of the same section and asked if it would apply rather than creating a new paragraph at this time. Attorney Farrell stated that vacant property and commercial properties were addressed under this paragraph and private residences were excluded. Mayor Cutillo opposed the ordinance because he thought it would encourage vehicle parking on the street. Vice Mayor Hudson MOVED to approve Ordinance 94-27. Councilwoman Wiggishoff SECONDED the motion. Councilman Lawrence felt that the ordinance needed flexibility to include emergency situations. Jack Bercel, John Bercel, Dave Lamberty, Arthur Reishfeld and Gordon Pitzenbarger spoke in opposition to the ordinance. They were concerned about discrimination and also about the definition of construction equipment. Mrs. Goebel supported the ordinance. Councilwoman Wiggishoff MOVED to call for the question. Councilman Clark SECONDED the motion which CARRIED with a 6-1 vote. Councilman Lawrence voted against the motion. Minutes of the Regular & Executive Session of the Town Council 12/01/94 Page 2 of 6 A roll call vote was then taken on the motion to approve Ordinance 94-27. The motion CARRIED with a 5-2 vote. Councilman Lawrence and Mayor Cutillo voted against the motion. AGENDA ITEM#9 - CONSIDERATION RESOLUTION 1994-60, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THOSE CERTAIN PUBLIC RIGHTS-OF-WAYS DESCRIBED IN EXHIBIT A LOCATED IN FOUNTAIN HILLS,ARIZONA FINAL PLAT NUMBER 106,BLOCKS 2 AND 3, TO THE BENEFICIAL OWNER OF BLOCKS 2 AND 3, PLAT 106. Mr. Valder referred to the staff report which recommended the abandonment of the entire alleyway to Scott Properties. He stated that maintenance problems might occur if the alley was split and that use of the alleyway by RV's would also be an issue. After consulting with Chaparral City Water Department, staff changed its recommendation to abandon only part of the alleyway. Vice Mayor Hudson questioned the ability to maintain sewer mains. Mr. Valder stated that the Town would keep the easements and that only fences easily disassembled would be allowed over these easements. Vice Mayor Hudson MOVED to adopt Resolution 1994-60. Councilman Clark SECONDED the motion. Mayor Cutillo asked if the stipulations were included in the motion. Attorney Farrell stated that the stipulations should be identified in the Resolution. Vice Mayor Hudson MOVED to withdraw his motion and table any action to the next Council meeting on December 15, 1994. Councilman Clark SECONDED the motion. Jack Bercel and Tom Leininger asked about setbacks and rear lot line locations in the alleyway. Cliff Ford, manager of Chaparral City Water Department, spoke regarding the liability and maintenance problems of the 8" live,high-pressure water line in the alley. He was concerned about emergency situations involving access to a water line in a rear yard. A vote was then taken on the motion to table. The motion was DEFEATED with a 1-6 vote. Vice Mayor Hudson cast the aye vote. Following clarifications that the Resolution did not need further stipulations, Mayor Cutillo MOVED to approve Resolution 1994-60 as written. Councilman O'Brien SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM#10 - CONSIDERATION OF A CUT AND FILL WAIVER, CASE NUMBER CFW 94-01, TO ALLOW FOR UP TO 15 FEET OF FILL FOR THE DEVELOPMENT OF A SINGLE-FAMILY RESIDENCE LOCATED AT 16520 JACKLIN DRIVE, AKA LOT 8, BLOCK 1, PLAT 403A. Mr. Valder reviewed the proposal of Hybrid Homes for a cut and fill waiver to exceed 10' on Jacklin Drive. Staff recommended denial because almost all of the home would be built on fill and the pool deck would be at the same elevation as the main living quarters. If the pool deck was stepped down,it would be in compliance within the code and a cut and fill waiver would not be necessary. Staff recommended either the pool deck lowered, the elevation of the main living area lowered or move the house closer to the road. Don Santos, Hybrid Homes, informed the Council that the construction of the home had to conform to handicap requirements and that the placement of this new residence as planned would not obstruct views of existing homes. He displayed a model of the home for the Council to examine. Minutes of the Regular & Executive Session of the Town Council 12/01/94 Page 3 of 6, Mayor Cutillo MOVED to approve the cut and fill waiver as requested. Councilman Lawrence SECONDED the motion. The motion CARRIED with a 6-1 vote,Councilwoman Wiggishoff voted nay. She stated that she preferred the design of residences conform with the topography of the land rather than grant requests for cut and fill waivers. AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 1994-61, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AFFECTING ALONG: THE WESTERN AND NORTHERN LOT LINES OF LOT 8, PLAT 103 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 149 OF MAPS, PAGE 3, RECORDS OF MARICOPA COUNTY,ARIZONA,AND;THE WESTERN AND SOUTHERN LOT LINES OF LOT 15, OF PLAT 103 FOUNTAIN HILLS, ARIZONA AS RECORDED IN BOOK 149 OF MAPS, PAGE 3, RECORDS OF MARICOPA COUNTY, ARIZONA, AND; THE EASTERN 51.20 FEET OF THE SOUTHERN LOT LINE OF LOT 14, OF PLAT 103 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 149 OF MAPS, PAGE 3, RECORDS OF MARICOPA COUNTY, ARIZONA. Mayor Cutillo MOVED to approve Resolution 1994-61 as presented. Councilman O'Brien SECONDED the motion which CARRIED unanimously. AGENDA ITEM#12 - CONSIDERATION OF A FINAL REPLAT OF LOTS 8, 13, 14 AND 15, PLAT 103 TO ASSEMBLE THE FOUR LOTS INTO ONE LOT, LOT 16. Mr. Valder referred to his staff report which recommended approval of the final plat and provide stipulations for a five foot concrete sidewalk along Palisades Boulevard and a five foot concrete sidewalk which would access Arrow Drive to Palisades Boulevard. John Stancel, represented Andrew Kolasa (applicant), stated that the topography of the area showed slopes which would require expensive construction costs for a sidewalk from Arrow to Palisades. He said that the number of people that would benefit from a sidewalk in that area would be minimal. Gordon Pittsenbarger,builder of the three proposed 15-unit apartment buildings,pointed out the costs of the sidewalk and contended that handrails and lighting in that area would also be very costly. Town Engineer Randy Harrel recommended an additional sidewalk along the north side of Palisades Boulevard. Mr.Pittsenbarger,speaking on behalf of the owner, stated that sidewalk would be constructed on Arrow Drive and Palisades, but only on the project site. Councilman O'Brien MOVED to approve the final replat without any stipulations. He then AMENDED his motion to include construction of sidewalks as criteria required on Arrow Drive. Councilman Clark SECONDED the motion. Discussion clarified that sidewalk construction on Arrow Drive, when required by density criteria, would be constructed. Motion CARRIED with a 6-1 vote,Councilman Clark voted nay. Councilman Clark,after listening to Mr.Harrel's explanation for the necessity of sidewalks,felt that additional sidewalks should have been stiuplated. Councilman O'Brien requested staff to approach the neighboring property owners, either the telephone company and/or Rural Metro, to contribute toward the construction of sidewalks in this area. AGENDA ITEM#13- CONSIDERATION OF THE DIFFERENCE BETWEEN THE OFFICIAL ZONING MAP AND THE LAND USE MAP OF THE GENERAL PLAN. Minutes of the Regular & Executive Session of the Town Council 12/01/94 Page 4 of 6, Mr. Jeppson pointed out on the Zoning District Map areas with higher and lower density than originally set forth on the General Plan. He said that future rezoning should be in compliance with the General Plan. He asked for direction from the Council to proceed with rezoning of properties to allow the approved zoning districts to correspond with the General Plan. Councilwoman Wiggishoff was concerned about the emphasis that should be put on the General Plan. She said that rezoning requests should result in less density and should not be approved to accommodate developer's needs. She also stated tat the Council;should' natntaiu thus at tude rather than ept the fact that the Town'had been lucky'.; to date dratirirrire requests had not;been presented: Councilman O'Brien said he supported notifying property owners that current zoning of their property was not in agreement with the General Plan but would not vote to change existing zoning if property owners objected. Vice Mayor Hudson suggested starting with the commercially zoned areas in examination of the General Plan. Councilwoman Wiggishoff suggested reviewing the area around the fountain. She also suggested that revisions to the General Plan be started to reflect revised zoning districts already in place. Rer endauons were made to staff to contact:property owners regarding zoutug changes AGENDA ITEM#14-CONSIDERATION OF TOWN COUNCIL INITIATING THE REZONING OF THE SOUTHEASTERN COMMERCIALLY ZONED AREA OF FOUNTAIN PARK AND THE AREA NORTH AND EAST OF FOUNTAIN PARK FROM THE C-1, R-5,R-4, AND R-3 R.U.P.TO CONFORM TO THE GENERAL PLAN LAND USE DESIGNATION. No action was taken on Agenda Item #14. AGENDA ITEM#15- 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.) A citizen,name not noted,asked about development of a park in his area. There were no plans at this time for such a development. AGENDA ITEM #16 - PURSUANT TO A.R.S. 38-431.03.A.7. AND 38-431.03.a3, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE OR LEASE OF REAL PROPERTY; AND DISCUSSIONS OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, RESPECTIVELY. Councilman O'Brien MOVED to go into an Executive Session of the Council. Councilman Lawrence SECONDED this motion which CARRIED unanimously. Council recessed at 9:33 P.M. Minutes of the Regular & Executive Session of the Town Council 12/01/94 Nog) Page 5 of 6, AGENDA ITEM#17 - RETURN TO REGULAR SESSION. The Regular Session of the Town Council reconvened at 10:55 P.M. AGENDA ITEM#18-CONSIDERATION OF AN EASEMENT AGREEMENT WITH MCO PROPERTIES FOR THREE PONDS IN THE TOWN RIGHT-OF-WAY ON SHEA BOULEVARD. Councilman O'Brien MOVED to continue this matter for further study and discussion. Councilman Lawrence SECONDED the motion. Jim Jenkins,MCO Properties,noted that a continuance of this matter would be considered a denial of their request at this time. The motion CARRIED unanimously. AGENDA ITEM#19 - ADJOURNMENT. Councilwoman Wiggishoff MOVED to adjourn the meeting. Vice Mayor Hudson SECONDED the motion which CARRIED unanimously. The meeting adjourned at 10:58 P.M. TOWN OF FOUNTAIN HILLS John M. u ' lo, Mayor ATTEST: Cassie B. Hansen, Town Clerk PREPARED BY: 1'` ;. c( . \ ..> 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 & Executive Session Meeting held by the Town Council of Fountain Hills on the 1st day of December, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of December, 1994. ettiudt. ji14,‘.. Cassie B. Hansen, Town Clerk Minutes of the Regular & Executive Session of the Town Council 12/01/94 Page 6 of 6,