HomeMy WebLinkAbout1996.0815.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
Lir FOUNTAIN HILLS TOWN COUNCIL
AUGUST 15, 1996
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M.,Thursday,August 15, 1996, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades
Blvd., Building B, Fountain Hills, Arizona.
ROLL CALL - Following the pledge to the flag led by Brownie Girl Scout Troop 1059 Color Guard and the
invocation given by Pastor Ken Wells from the Fountain Hills Community Church, roll call was taken. Present for
roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles,Vice Mayor Lawrence
and Councilmembers Bill O'Brien, Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. Also present
were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community
Development Gary Jeppson and Town Engineer Randy Harrel.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JULY 26TH,
30TH AND AUGUST 1ST, 1996.
Vice Mayor Lawrence MOVED to approve the minutes of July 26, July 30 and August 1, 1996. Councilman Apps
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#3 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
BRUCE CONKLIN FOR THE AMERICAN LEGION POST 58 LOCATED AT 16850 AVENUE OF THE
FOUNTAINS. THE APPLICATION IS FOR A NEW 14 (CLUB) CLASS LIQUOR LICENSE WHICH IS
A NON-TRANSFERABLE LICENSE ISSUED TO SPECIFIC VETERAN OR FRATERNAL
ORGANIZATIONS.
Town Clerk Cassie Hansen stated the 20-day posting requirement had taken place, no objections had been received,
the background investigation by Marshal Gendler had been completed, and staff recommended approval of the
application. Councilman Poma MOVED to approve the liquor license application for the American Legion Post 58
as presented. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1996-60, URGING THE COUNTY OF
MARICOPA NOT TO DIVEST, TRADE OR SELL LAND FROM THE MCDOWELL MOUNTAIN
REGIONAL PARK AND TO URGE AMENDMENT OF THE COUNTY'S PARK LAND ACQUISITION
AND DISPOSAL POLICY.
Town Manager said Jack Fraser, on behalf of the McDowell Park Association, had requested approval of this
resolution relative to future park land purchases or trade arrangements. Minor changes in the language of the
resolution were suggested by Mr. Fraser. He proposed changes to the current policy of Maricopa County's Park
Commission could enable voters to participate in the decision regarding the disposal of park lands.
Meredith Hale,representing the Rio Verde Community Association, addressed the Council and detailed some of the
activities of her Association in their opposition of proposed land swap agreements in the McDowell Mountain Park
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Page 1 of 7
lands. She said her Association's Board of Directors would be presented with a similar resolution opposing the
County's policy and urged the Council to support the proposed resolution.
Councilman O'Brien MOVED to adopt Resolution 1996-60 with the proposed changes. Councilman Mower
SECONDED the motion. Councilman Mower suggested the Town Manager publish and distribute this resolution
to various governmental agencies and representatives. The motion CARRIED unanimously.
AGENDA ITEM #5 - CONSIDERATION OF ORDINANCE 96-30, LEVYING UPON THE ASSESSED
VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO
TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION
SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET,
TO PROVIDE FUNDS FOR BOND REDEMPTIONS,FOR THE PURPOSE OF PAYING INTEREST UPON
BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 1997.
Town Manager Nordin stated the debt retirement for roadways would be retired after the 1996-97 payment included
in the budget. Councilman Apps MOVED to approve Ordinance 96-30 as presented. Councilwoman Wiggishoff
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #12 - PUBLIC HEARING ON ORDINANCE 96-31, REZONING 3.57 ACRES OF LAND
FROM "C-1" ZONING DISTRICT TO "M-3 P.U.D." ZONING DISTRICT, LOCATED AT THE
NORTHEASTERN CORNER OF FOUNTAIN HILLS BOULEVARD AND KINGSTREE BOULEVARD AKA
LOT 2, BLOCK 2, PLAT 422. CASE #Z96-21.
tliabre AGENDA ITEM #13 - CONSIDERATION OF ORDINANCE 96-31, REZONING 3.57 ACRES OF LAND
FROM "C-1" ZONING DISTRICT TO "M-3 P.U.D." ZONING DISTRICT, LOCATED AT THE
NORTHEASTERN CORNER OF FOUNTAIN HILLS BOULEVARD AND KINGSTREE BOULEVARD AKA
LOT 2, BLOCK 2, PLAT 422. CASE #Z96-21.
Mayor Miles announced the public hearing on Ordinance 96-31 would be the next order of business because the
developer had asked for a continuance of the public hearing. Director of Community Development Gary Jeppson
stated the developer had indicated he was concerned about the Council's perception of his absence and indicated he
would prefer to be present at the public hearing to answer questions. Councilman Poma MOVED to continue the
public hearing on Ordinance 96-31 until the next Council meeting. Councilwoman Wiggishoff SECONDED the
motion which CARRIED unanimously.
AGENDA ITEM #6 - CONSIDERATION OF APPROVING ADDITIONAL EXPENDITURES TO
FINANCIALLY ASSIST THE FOUNTAIN HILLS SCHOOL DISTRICT.
Town Manager Nordin reviewed funding possibilities for the library at the High School which would permit public
accessibility during off-school hours. He suggested an appropriation of$15,000 for the purchase of 1,000 books and
an appropriation of $18,000 for the funding of an additional staff person (hired by the School District) for 24
additional hours per week at the school library. Mayor Miles expressed his concern about a long-term committment
for financial assistance to the School District. Superintendent Walt Dunne stated the extended hours would include
three days a week from 2-8 p.m. and six hours on Saturday morning. He said the public could use the computer
systems located in the library as well. Councilwoman Wiggishoff suggested the Library Association and the
Sunridge Foundation could contribute funding for books. Vice Mayor Lawrence MOVED to approve the expenses
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Page 2 of 7
of library books and extended staffing for fiscal year 1996-97 as presented by staff. Councilman Poma SECONDED
the motion. Councilwoman Wiggishoff stated the Town's newsletter and other medias should promote the facility's
availability to the public. Karen Myers commended the Council for their support to the School District. The motion
CARRIED unanimously.
Mr. Nordin noted the Town already funds the lighting expenses for the Four Peaks Athletic Field through an IGA
with the School District and suggested the Town additionally assist with funding to cover the maintenance of the
grounds via a mowing contract in the amount of $12,750 and funding for a part-time maintenance person in the
amount of$6,000, for a total of$18,750. Mr. Nordin assured the Council all financial assistance provided to the
School District would be reviewed each year at budget preparation time. Vice Mayor Lawrence MOVED to approve
$18,750 for the Four Peaks Athletic Field maintenance as part of an intergovernmental agreement with the School
District. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously.
Another item of consideration was the emergency purchase of hardware to allow the library's computer system to
be networked with other school computers in the amount of $8,000. Superintendent Dunne stated the network
urgently needed to be installed prior to the school year. Vice Mayor Lawrence MOVED to approve an $8,000
allocation for the emergency purchase of computer hardware. Councilman Poma SECONDED the motion which
CARRIED unanimously.
Joyce Szeliga asked if the Town could hire two security persons from the Marshal's Department rather than the one
that was previously approved. Marshal Gendler clarified a grant,currently being applied for by the School District,
would fund approximately 75% of the cost of an additional officer. Vice Mayor Lawrence asked that the Council
be kept informed as to the progress of the grant application.
Councilman Apps suggested all cooperative efforts be enacted to reduce noise pollution,to research alternative fuels
in the event of a generator moratorium, and to operate with fossil and alternative fuels.
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AGENDA ITEM #7 - CONSIDERATION OF APPROVING THE APPOINTMENT OF AN OFFICIAL
"COMMUNITY CENTER ADVISORY COMMISSION" TO CONTINUE WITH THE PLANNING
EFFORTS ACCOMPLISHED AND/OR OUTLINED IN THE COMMUNITY CENTER ACTION
COMMITTEE'S WORK THUS FAR, INCLUDING BUT NOT LIMITED TO THE PROPOSED
ACTIVITIES OUTLINED IN THE LETTER SUBMITTED TO THE COUNCIL BY COMMITTEE
CHAIRMAN DATED AUGUST 1, 1996.
Councilman Mower MOVED to approve the appointment of the existing Community Center Action Committee as
the official sub-committee known as "Community Center Advisory Commission". Councilwoman Wiggishoff
SECONDED the motion which CARRIED unanimously. Shirley Curry, who spoke on behalf of the Committee,
thanked the Council for the appointment.
AGENDA ITEM #8 - CONSIDERATION OF A CUT AND FILL WAIVER TO PERMIT A FILL EIGHT
(8) FEET IN EXCESS OF THE PERMITTED TEN (10) FEET. LOCATED ON JACKLIN DRIVE, CASE
# CFW96-02.
Planner Geir Sverdrup explained that in order to accommodate the design of the proposed house on this severely
sloping lot, approximately 18 feet of fill would need to be placed at the rear of the lot. He said staff had
recommended denial of this request because the design of the house did not fit the terrain of the land.
The applicant, Michael Hoppi, along with his architect Ed Chavis, appealed to the Council to consider the approval
Minutes of the Regular Session of the Town Council 8/15/96
Page 3 of 7
of his request for a fill waiver. He submitted three letters confirming that his neighbors had not objected to his
request. Councilwoman Wiggishoff asked the applicant if he had thought about stepping the design with the land.
Mr. Hoppi answered that the rear slope was too severe to use a stepping plan design. Mr. Chavis stated the lot was
a difficult lot whose contours had hindered the design process. Councilwoman Wiggishoff stated she thought the
plans for this single-story house were designed for a flat lot rather than designed to fit with the sloping terrain.
Mayor Miles pointed out that during talks in the last campaign, the public had demanded requests for unnecessary
cut and fill waivers be denied. He said he would not support the approval of the request.
Councilwoman Wiggishoff MOVED to deny the cut and fill waiver, Case No. CFW96-20. Councilman Poma
SECONDED the motion which CARRIED unanimously. Mary Pilarinos thanked the Mayor for his opposition and
said plans for homes should fit their lots.
AGENDA ITEM#9-CONSIDERATION OF RESOLUTION 1996-59 DECLARING,PURSUANT TO A.R.S.
§9-801,AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND
ENTITLED THE "TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE, AUGUST 9, 1996".
Town Attorney Bill Farrell stated the purpose for creating this resolution was to provide for the availability of three
permanent copies of the document as a public record and to eliminate the costs of publication in the town newspaper
of the revised Subdivision Ordinance as a whole. Councilwoman Wiggishoff MOVED to approve Resolution 1996-
59. Councilman O'Brien SECONDED the motion. Vice Mayor Lawrence pointed out that the staff report indicated
publication of the revised subdivision ordinance,as part of the Town Code,or its availability to the public as a public
record, should occur 15 days prior to a public hearing. He stated that declaring the subdivision ordinance a public
record and perhaps approving it at the same meeting defeated the purpose of an opportunity for the public to read,
understand it and ask questions prior to its approval. Although there was no legal requirement that the Town
publicly notice the subdivision ordinance, he referred to the staff report wherein staff had recommended action by
the Council to notify the public. Based on this consideration, Vice Mayor Lawrence indicated he would approve
this resolution but would later move that the public hearing be continued to allow the public adequate time to
reference the revised Subdivision Ordinance. He said every opportunity should become available to the public before
the Council adopts or denies the ordinance.
The motion CARRIED unanimously.
Councilman O'Brien said he preferred multiple public hearings be held in addition to hearing any comments at this
time.
AGENDA ITEM #10 - PUBLIC HEARING ON ORDINANCE 96-29, ADOPTING THE TOWN OF
FOUNTAIN HILLS SUBDIVISION ORDINANCE, AUGUST 9, 1996, AND REPEALING ANY AND ALL
ORDINANCES WHICH CONFLICT WITH THE TOWN OF FOUNTAIN HILLS SUBDIVISION
ORDINANCE,AUGUST 9, 1996.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:30 p.m.
Dana Saar, Vice Chairman of the Planning & Zoning Commission, reviewed the recommendations of the P&Z
Commission which suggested that continued restrictions apply to land of slopes of 15% or more to the lot coverage
allowed in the underlying zoning district. He reviewed a proposed new zoning district,R1-43H, wherein standards
would be in effect in hillside areas which would allow 20% of the lot coverage to be disturbed and with a 20' front
setback requirement rather than a 40' setback. He further stated that roadways on slopes greater than 15% should
not be excluded from land disturbance calculations. Also, cut and fills in excess of 10' for roadway construction
should continue to require a waiver from the Town Council. A further recommendation included disturbances be
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calculated from all areas of terrain that were disturbed including pads,patios, swimming pool layouts,etc. Mr. Saar
pointed out that areas that had been designated to remain permanently undisturbed should be identified. He discussed
potential penalties and fines which could be applied to violators of land disturbance issues.
Councilman O'Brien said he was concerned about disturbance calculations being applied to roadways and still
maintaining a contiguous alignment for streets.
Jim Flynn, MCO Properties, addressed the Council and stated he was concerned about approving revisions to the
Subdivision Ordinance too swiftly which might financially affect MCO's property. He urged the Council to achieve
a compromise in the development of future subdivisions.
Mayor Miles asked Town Attorney Farrell if the Subdivision Ordinance were to be approved in its present form,
could it legally be challenged regarding the 'taking' of land. Town Attorney Bill Farrell stated that there was no
basis for a 'taking' claim in the ordinance as it was written.
Bob Barbanica asked if 69 Kv utility lines could be constructed above ground by a potential developer. Town
Manager Nordin said it was his understanding that a 69 Kv utility line was a transmission line, not a residential
utility lines and that the cost of burying a 69 Kv utility line was excessive. Mr. Nordin indicated the Council could
not control the underground requirement of a transmission line.
Loras Rauch spoke in favor of the Subdivision Ordinance as it was presented. She agreed with the provision for
existing washes not to be used for utility corridors. She urged the Council not to continue with additional public
hearings as numerous articles had appeared in the local newspaper.
Gordon Pittsenbarger favored the existing four times the footprint standard and also asked the Council to continue
the public hearing. He stated a petition that had been circulated and signed by 15 builders might have contained
verbiage that the signers did not understand and he presented a statement withdrawing their signatures from the
petition. He objected to proposed penalties for disturbance violations and referred to them as unreasonable and
excessive.
Town Engineer Randy Harrel expressed his concern about cut and fill standards involving roadways. He said he
thought virtually all the hillside parcels in every new subdivision would need to contain roadways that would require
cut and fills over the 10' maximum in multiple locations especially with the drainage features in the higher
elevations. He considered the roadway standards as a means of rendering a developer's property as undevelopable
and subject to legal challenges. He stated he recommended deleting the provision which related to disturbances
involving cut and fill limitations in order to accomplish roadway construction with traffic safety considerations.
Additional comments were given by Chuck Newman,Sharon Hutcheson,Loras Rauch and Dave Gray. Mayor Miles
closed the public hearing and reconvened the Regular Session of the Town Council at 8:20 p.m.
AGENDA ITEM#11-CONSIDERATION OF ORDINANCE 96-29,ADOPTING THE TOWN OF FOUNTAIN
HILLS SUBDIVISION ORDINANCE,AUGUST 9, 1996, AND REPEALING ANY AND ALL ORDINANCES
WHICH CONFLICT WITH THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE,AUGUST 9,
1996.
Councilman O'Brien MOVED to continue the public hearing until the second meeting in September to allow citizens
time to review the Subdivision Ordinance. Vice Mayor Lawrence SECONDED the motion.
Vice Mayor Lawrence stated he thought the average citizen would not understand the complexity of the Subdivision
Ordinance and would not possess experience in the planning field. He recognized the eighteen months of review
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Page 5 of 7
time given by members of the Planning& Zoning Commission. He AMENDED the motion to require the Council
to hold additional work study sessions and invite Dana Saar, other members of the P&Z Commission, MCO
Properties, and staff to those sessions. Councilwoman Wiggishoff SECONDED the amendment which CARRIED
unanimously. The motion to continue CARRIED unanimously.
AGENDA ITEM #14 - CALL TO THE PUBLIC.
Karen Myers commended the P&Z Commission members and staff that had worked on the revisions to the
Subdivision Ordinance. She thought the Council's continuation was a repetitive action and that adequate work study
sessions had already been held.
AGENDA ITEM#15-PURSUANT TO A.R.S.38-431.03.A.7.;A.R.S.38-431.03.A.3.;A.R.S.38-431.03.A.3.4.;
AND A.R.S. 38-431.03.A.1; VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR
CONSULTATION 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 FOR DISCUSSIONS OR
CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC
BODY; DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN
ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC
BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION; AND 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
cre 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; RESPECTIVELY.
Councilman Poma MOVED to go into Executive Session. Councilman Apps SECONDED the motion which
CARRIED unanimously. Mayor Miles recessed the Regular Session of the Town Council at 8:35 p.m.
AGENDA ITEM #16 - RETURN TO REGULAR SESSION.
Mayor Miles reconvened the Regular Session of the Town Council at 9:39 p.m.
AGENDA ITEM #17 - ADJOURNMENT.
Councilman Apps MOVED to adjourn the meeting. Councilman Poma SECONDED the motion which CARRIED
unanimously. The meeting adjourned at 9:40 p.m.
Minutes of the Regular Session of the Town Council 8/15/96
Page 6 of 7
TOWN OF FOUNTAIN HILLS
By:
Jerry Mites, Mayor
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A I hST: v 1 AL-A—)
Cassie B. Hansen, Town Clerk
PREPARED BY: ("-- ?1,e_..4:t.ria—, 4`J
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 August, 1996. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 5th day of September, 1996.
Li/1,1_4
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 8/15/96
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