HomeMy WebLinkAbout1998.0219.TCRM.Minutes TOWN OF FOUNTAIN HILLS
L•r MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 19, 1998
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M., Thursday, February 19, 198, 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 Mayor Miles and the invocation by Father Thomas O'Dea
of the Church of the Ascension Catholic Church, roll call was taken. Present for roll call were the following
members of the Fountain Hills Town Council: Mayor Jerry Miles, Vice Mayor Marianne Wiggishoff and
Councilmembers Bill O'Brien, Don Lawrence, 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,Town Engineer Randy Harrel and Planner Geir Sverdrup.
Mayor Miles announced that requests had been received to remove Item#3 and Item #7 from the Consent Agenda
for further discussion. He then read the Consent Agenda, which consisted of the following agenda items:
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JANUARY
29TH,FEBRUARY 3RD'5TH,AND 10TH 1998.
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AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY
BRYAN WARD OF SPECIALIZED BICYCLES FOR THE CACTUS CUP MOUNTAIN BIKE RACE TO
BE HELD FRIDAY, SATURDAY AND SUNDAY, MARCH 13TH, 14TH AND 15TH. THE EVENT WILL BE
HELD EACH DAY FROM 8:00 A.M.TO 5:00 P.M.AT THE MCDOWELL MOUNTAIN REGIONAL PARK.
OVER 30,000 SPECTATORS AND 2,000 COMPETITORS ARE ANTICIPATED FOR THE EVENT WHICH
WILL INCREASE LOCAL TRAFFIC. THE REQUEST INCLUDES A SIGNAGE PLAN FOR
DIRECTIONAL SIGNAGE THROUGHOUT FOUNTAIN HILLS.
AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY DAVID
LUCHT FOR THE ASSOCIATION OF IN-LINE SKIING FOR A DOWNHILL IN-LINE SPEED SKI EVENT
ON SATURDAY, MARCH 7, 1998 FROM 9:00 AM. TO 11:00 A.M. THE PURPOSE OF THE EVENT IS TO
SET A GUINNESS BOOK WORLD RECORD FOR DOWNHILL IN-LINE SPEED SKIING. THE EVENT
WILL BE HELD ON PORTIONS OF GOLDEN EAGLE BOULEVARD BETWEEN CERRO ALTO AND
ASPEN DRIVE. TRAFFIC WILL BE DELAYED FOR APPROXIMATELY 90 SECONDS AT 15-MINUTE
INTERVALS DURING THE EVENT.
AGENDA ITEM#5- CONSIDERATION OF RESOLUTION 1998-11 ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS IN PLAT 112(PART OF TOWN WIDE EASEMENT ABANDONMENT PROCESS).
AGENDA ITEM#6- CONSIDERATION OF A FINAL REPLAT JOINING LOTS 8 & 9,BLOCK 3, FINAL
PLAT 506A,LOCATED AT 15531 E GOLDEN EAGLE BLVD., CASE#S98-002.
Councilman Lawrence MOVED to approve the Consent Agenda as read. Councilman Poma SECONDED the motion.
A roll call vote was taken with the following results:
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Councilman Poma Aye
Vice Mayor Wiggishoff Aye
Councilman O'Brien Aye
Councilman Apps Aye
Councilman Lawrence Aye
Councilman Mower Aye
Mayor Miles Aye
The motion CARRIED.
AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY PATTY
SCHUTTENHELM FOR AN ART SHOW TO BE HELD FRIDAY,SATURDAY AND SUNDAY,FEBRUARY
20TH, 215T AND 22ND FROM 10:00 A.M. TO 5:00 P.M. THE EVENT WILL BE HELD IN THE AVENUE OF
THE FOUNTAINS CENTER PARKING LOCATED AT 16810 EAST AVENUE OF THE FOUNTAINS. NO
ADDITIONAL STREET CLOSURES WILL BE REQUIRED.
Councilman Poma said he had received a request from Stephen Jones to speak. Mr. Jones expressed his objections
to approving a special event permit for the Southtique Mall. He said he thought secondary vendors created a
sideshow that should be controlled and ultimately distracted from other artists in the Fair. Mike Bush, Executive
Director of the Chamber of Commerce, stated the Chamber did not have control over the quality or quantity of
vendors in the parking area of the Southtique Mall. He suggested some of the costs of rental equipment, bathrooms
and trash pickup be defrayed by contributions from vendors not directly participating in the Chamber's event. He
said 10-12 vendors of the 460 vendors were from Fountain Hills and he anticipated attendance figures between
105,000-150,000.
Vice Mayor Wiggishoff expressed her approval of encouraging other business owners in the Town and felt that the
displays and vendors represented in Ms. Schuttenhelm's parking lot fit well into the Great Fair activities. She
MOVED to approve the special event request as presented. Councilman O'Brien SECONDED the motion.
Councilman O'Brien stated a future assessment to other artists and vendors might remedy some of the costs to the
Chamber. Councilman Lawrence stated Ms. Schuttenhelm was a full-time, Fountain Hills resident as well as a
business owner and that she should be encouraged to participate on her own property. Councilman Apps said he
would support the current request, but future requests might include a financial contribution to the Chamber.
The roll call vote on the motion CARRIED unanimously.
AGENDA ITEM #7 - CONSIDERATION OF A FINAL REPLAT JOINING LOTS 36 & 37, BLOCK 6,
FINAL PLAT 208, LOCATED AT THE SW CORNER OF SAGUARO BLVD. AND PARKVIEW LANE,
CASE#S98-003.
Planner Geir Sverdrup stated he had asked for the item to be removed from the Consent Agenda because the
Engineering Department and Fire Department had requested additional stipulations for fire hydrants, placement of
sidewalks and handicapped ramps. He said the applicant had agreed to the stipulations.
Councilman Lawrence MOVED to approve the final replat as presented along with staff stipulations. Vice Mayor
Wiggishoff SECONDED the motion, which CARRIED unanimously.
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AGENDA ITEM#8 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
Judge Shoob stated 419 cases were filed during the month of January and 944 pending cases were additionally
handled by staff. He reported that the $24,000 collected during the past month put the grand total of collected
revenues over the $2 million mark since the inception of the Court eight years ago.
Mayor Miles proceeded with Item#12 prior to discussing Item#9, which also dealt with parks.
AGENDA ITEM #12 - RE-CONSIDERATION OF RESOLUTION 1998-06 AUTHORIZING THE TOWN
MANAGER, PURSUANT TO A.R.S. 28-7204, TO PROCEED WITH THE SALE OF A CERTAIN
PORTION OF PUBLIC RIGHT-OF-WAY LOCATED NEAR GOLDEN EAGLE BOULEVARD AND
BAINBRIDGE AVENUE, GENERALLY KNOWN AS ORIGINAL GOLDEN EAGLE BOULEVARD
ALIGNMENT, LEGAL NUMBER 744, TO REMOVE THE REQUIREMENT OF OBTAINING AN
APPRAISAL OF THE PROPERTY. THE TOWN IS INTERESTED IN RETAINING THIS PROPERTY
FOR USE AND POSSIBLE DEVELOPMENT AS A"DOG PARK".
Mayor Miles MOVED to reconsider the previous Council action regarding the disposition of a certain portion of the
public right-of-way near Golden Eagle Boulevard. Councilman Mower SECONDED the motion, which
CARRIED unanimously.
Vice Mayor Wiggishoff suggested the Council look into the matter of creating a dog park. Councilman Mower
suggested a larger area, although not square in size as the present location at Golden Eagle Park, would be an
excellent opportunity to isolate a dog run from the public park. Councilman Apps asked about allowances for
kie parking. Town Manager Nordin answered at least 12-15 spaces had been estimated for that location. Mayor Miles
stated conversations with MCO Properties had indicated a willingness to negotiate for this property. Councilman
Poma and Lawrence did not object to researching the project but wanted a report brought back to the Council before
any decision would be made. Mayor Miles said the request would be presented at budget time.
Vice Mayor Wiggishoff MOVED to direct staff to research the possibility of a dog park at the proposed property
and not to implement Resolution 1998-06 prior to September 1, 1998. Councilman Mower SECONDED the
motion.
Susan Cassidy, founder and spokesperson for a newly formed group, Fountain Hills Dog Owners, FHIDO,
addressed the Council. She stressed the need for off-lease activity for dogs and expressed the desire of the group to
be part of the park design. She said the group felt the space provided at Golden Eagle Park was adequate because of
its square size and opposed the alternate possibility of using the property in question.
Al Lorenz, Chairman of the Parks & Recreation Commission's Facilities Sub-Committee, stated a public hearing
would be conducted on March 9th to discuss the shared usage of Golden Eagle Park between the dog owners and the
public. Ken Freeland stated he thought the present dog run at Golden Eagle Park presented a danger to children. He
cited health and safety reasons for his opposition and suggested the Town investigate a separate area for exclusive
use by dog owners. Hazel Freeland stated the Little League would gladly accept the triangular property in question
for use as a field. Mayor Miles pointed out that the Golden Eagle Homeowners Association had sent a letter
supporting a dog park at the intersection of Golden Eagle Boulevard and Bainbridge Avenue. Kim Washburn, a
local pet sitter and handler, spoke about how requirement for large areas affected the behavior of dogs.
Councilman Lawrence MOVED to amend the motion to additionally direct staff to investigate alternate uses such as
a baseball field for the property working in conjunction with the Parks and Recreation Department. Councilman
Poma SECONDED the amendment, which CARRIED with,a 6-1 vote. Vice Mayor Wiggishoff cast the nay vote.
The main motion CARRIED unanimously.
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AGENDA ITEM#9 - CONSIDERATION OF APPROVING THE FOUNTAIN PARK MASTER PLAN.
Al Lorenz, speaking on behalf of the Parks & Recreation Commission, introduced David Case who was a consultant
from E-Group hired to design the Master Plan. He said the Council's approval was needed at this time in order to
meet a submission date for a Heritage Grant application. He itemized the $1.6 million plans for Fountain Park,
which included doubling the parking lot area at the Fountain Bazaar location, separation of the playground area, two
picnic verandas, landscape improvements to the walls at the pump maintenance facility location, and construction of
a walking trail around the lower area of the lake connecting to a 10' concrete trail. On the south end of the park was
an additional restroom facility, a large picnic veranda for 75-100 people and realignment of the parking lot. On the
northern side an amphitheater with a concrete pad to accommodate 150 people was planned in a natural setting.
Other items such as improvements to irrigation system, the existing restroom, signage, lighting, exercise stations and
footbridge were also planned.
Mayor Miles commended the Parks and Recreation Commission for their efforts but didn't want to approve the
Master Plan until a study session could be set for discussion of the various items in the plan and their costs. Robin
Goodman, Parks and Recreation Director, stated the budget was planned to be presented to the Council at their
March 5th meeting and the initial approval of the Master Plan was essential to submitting the grant application.
Mayor Miles said public discussion should take place to review the Master Plan. Councilman O'Brien asked if the
Council approved the concept, would it also commit the Town to the timeframe for the expenditure of funds. Mr.
Nordin pointed out that the Council could consider funding for this project at budget time. Councilman Mower
asked if the $700,000 grant application needed to include the total financial figure of $1.6 million. Director
Goodman recommended the Council approve the Master Plan, apply for a Heritage Grant and return to the March 5th
meeting to further review the Master Plan. Mayor Miles asked if the Parks and Recreation Department could apply
for a Heritage Fund grant based upon this Master Plan and the cost of$1.6 million without going on record as saying
that the Council had approved it. In response to questions from Councilman Lawrence, Director Goodman stated a
nine-month survey period and six public meetings had enabled public input. Mr. Nordin stated he had submitted
previous applications under his authority and that he intended to file the grant application. Director Goodman stated
the Council would be asked to approve a resolution by mid-April.
Councilman Poma MOVED to continue discussion regarding the Master Plan until the next Council meeting on
March 5th to allow for public comment. Councilman O'Brien SECONDED the motion, which CARRIED
unanimously.
AGENDA ITEM#10- PUBLIC HEARING TO RECEIVE TESTIMONY ON PROPOSED AMENDMENTS
TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REGULATE THE TIME,
PLACE AND MANNER OF TEMPORARY OFF-PREMISE SIGNS, CASE NUMBER Z97-23.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:35 p.m.
Planner Geir Sverdrup stated the proposed ordinance would prohibit any temporary signs on Shea Boulevard and
signs within 150' of any lighted traffic signal. Also, no signs could be placed outside of a one-mile boundary of the
destination or event, no signs with the same message within 300' of each other, and no more than 5 signs per
business were allowed. He said the Planning&Zoning Commission had unanimously approved the ordinance.
Dorri Wittrig explained that realtors, homebuilders and the Chamber of Commerce had assisted in the stipulations
for the temporary off-premise sign ordinance. The only problem still remaining to be rectified was the stipulation
about the 300' spacing limitation when the sign was placed near a corner. She asked for a revision to the language.
Vice Mayor Wiggishoff expressed her concerns about the enforceability of the ordinance and asked Marshal
Gendler to respond. Marshal Gendler stated this ordinance would present some difficulties in enforcement but that
the Marshals Department would do their best to eliminate the proliferation of signs if possible. Councilman Mower
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asked about limiting the number of political signs. Town Attorney Farrell stated the location requirement was not
the same as the other signs. Mr. Sverdrup stated the intent of the ordinance was to limit garage sale signs and
special events at businesses. He said that since the political signs did not specifically point out directions to a
destination or event, they were not part of this ordinance. Mayor Miles pointed out that candidates in previous
elections had mutually agreed not to place political signs along the roadways.
Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:46 p.m.
AGENDA ITEM #11 - CONSIDERATION OF ORDINANCE 98-10 AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REGULATE THE TIME, PLACE AND
MANNER OF TEMPORARY OFF-PREMISE SIGNS, CASE NUMBER Z97-23.
Councilman O'Brien MOVED to approve Ordinance 98-10 as presented. Councilman Lawrence SECONDED the
motion.
Councilman Lawrence MOVED to amend the motion to add language in the ordinance to insert language under the
section addressing the 300' spacing between signs to include "on the same roadway". Councilman Poma
SECONDED the amendment,which CARRIED unanimously.
The motion to approve Ordinance 98-10 as amended CARRIED unanimously.
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thw AGENDA ITEM #13 - CONSIDERATION OF ASSUMING MEDIAN LANDSCAPE MAINTENANCE
RESPONSIBILITY FOR SAGUARO BLVD (LAST TRAIL TO TOMBSTONE) FROM THE FIREROCK
RIDGE PROPERTY OWNERS ASSOCIATION.
Town Engineer Randy Harrel showed the location of the medians on Saguaro Boulevard from Last Trail to
Tombstone and explained that the medians had been constructed during the 1980's, improved in early 1990 and
turned over to the Firerock Ridge Property Owners Association in 1996. He said a minor deficiency estimated at
$400 was the only improvement that needed to be made to the medians. He said water billing arrangements would
need to be made with the association and that the maintenance expenses for the medians would be around $5700 per
year. He pointed out that the transfer date could vary depending on whether an initial 5-year maintenance period
was required by Council policy. He recommended using the period six months after the upgraded substantial
completion date (1991), which would set the five-year landscape transfer to April 1999. He cautioned the Council
on their decision as it could set precedence for other homeowners' associations to ask for the Town's assumption of
their medians. He estimated North Heights (Sierra Madre) and Courtside Villas could expect the Town to assume
their medians.
Councilman Mower MOVED to approve the Town's assumption of median landscape maintenance responsibility
for Saguaro Blvd. as presented with an additional stipulation that the property owners association pay the $400
expenses to cover the deficiency. Councilman Poma SECONDED the motion. Councilman Lawrence asked if the
motion should contain a specific transfer date for takeover of the median. Councilman Mower stated he thought the
transfer should take place within 30 days because the median had been in existence for 18 years and in the
association for four years. Councilman Poma withdrew the second to the motion. The motion was withdrawn by
Councilman Mower and restated to include the transfer occur within 30 days. Mayor Miles SECONDED the
revised motion.
Vice Mayor Wiggishoff said she wanted to revisit this issue after the circulation traffic flow was determined by the
Firerock Country Club subdivision. Councilman O'Brien.stated the takeover of this median should be delayed
because the maintenance costs benefited a very low number of people. Councilman Poma said he wanted to
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approve the takeover subject to staff recommendations and pointed out that since other medians had been accepted.
this median should also be accepted to relieve taxpayers of maintenance responsibilities. Councilman Lawrence
stated that since the public roadway benefited everyone and that the improvements had been made in 1991, he
would approve a takeover date in April 1999. Councilman Lawrence MOVED to amend the motion to establish the
takeover date as April 1, 1999. Councilman Poma SECONDED the amendment. Councilman Mower re-stated the
median had been landscaped for the past 18 years. The amendment CARRIED with a 6-1 vote. Councilman
Mower cast the nay vote.
Mary Pilarinos asked if the median would fall within the Firerock Country Club. The answer was no. Bea Crist
stated the developer had given the Firerock Estates homeowners the maintenance responsibility prior to submitting
the Firerock Country Club subdivision plans and that if gated by the end of the median, additional traffic would
occur on Saguaro going toward Shea Blvd. Gregg Bielli, MCO Properties,clarified the transfer of the median to the
Firerock Estates as a matter based on policy.
The motion as amended CARRIED with a 6-1 vote. Councilman O'Brien cast the nay vote.
AGENDA ITEM #14 - PUBLIC HEARING ON A RECOMMENDATION TO THE TOWN COUNCIL ON
AN APPLICATION FOR THE 808.25± ACRE FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN
PROPOSED TO BE LOCATED SOUTH OF SHEA BOULEVARD, EAST OF THE EAGLE MOUNTAIN
DEVELOPMENT, WEST OF PLATS 412A, 412B, AND 415, AND NORTH OF THE SALT RIVER PIMA-
MARICOPA INDIAN RESERVATION, CASE NUMBER ASP97-01.
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AGENDA ITEM#15 - CONSIDERATION OF RESOLUTION 1997-62, APPROVING THE 808.25± ACRE
FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN PROPOSED TO BE LOCATED SOUTH OF
SHEA BOULEVARD, EAST OF THE EAGLE MOUNTAIN DEVELOPMENT, WEST OF PLATS 412A,
412B, AND 415, AND NORTH OF THE SALT RIVER PIMA-MARICOPA INDIAN RESERVATION,
CASE NUMBER ASP97-01.
AGENDA ITEM#16 - PUBLIC HEARING ON A RECOMMENDATION TO THE TOWN COUNCIL ON
AN APPLICATION TO REZONE ALL 808.25± ACRES OF THE PROPOSED FIREROCK COUNTRY
CLUB AREA SPECIFIC PLAN, CASE NUMBER Z97-01.
AGENDA ITEM #17 - CONSIDERATION OF ORDINANCE 97-46 REZONING ALL 808.25± ACRES OF
THE PROPOSED FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN, CASE NUMBER Z97-01.
AGENDA ITEM #18 - CONSIDERATION OF A PRELIMINARY PLAT FOR FIREROCK COUNTY
CLUB MASTER PLAT TO SUBDIVIDE THE FIREROCK COUNTRY CLUB AREA SPECIFIC PLAN
INTO APPROXIMATELY 25 NEIGHBORHOOD-SIZE PARCELS, MOST OF WHICH ARE INTENDED
FOR FURTHER SUBDIVISION IN THE FUTURE, CASE NUMBER S97-005.
AGENDA ITEM #19 - CONSIDERATION OF CUT AND FILL WAIVERS FOR CUT AND FULL
GRADING IN EXCESS OF 10 FEET IN OVER 30 LOCATIONS THROUGHOUT THE DEVELOPMENT,
FOR THE CONSTRUCTION OF COLLECTOR ROADWAYS, GOLF COURSE GRADING, AND
GRADING FOR THE PROPOSED GOLF COURSE CLUBHOUSE, CASE NUMBER CFW97-03.
AGENDA ITEM #20 - CONSIDERATION OF WAIVING THE HILLSIDE DISTURBANCE
REQUIREMENTS FOR THE FIREROCK COUNTY CLUB GOLF COURSE.
Nig)Mayor Miles said several Council members had indicated there were several items that needed to be discussed prior
to consideration of a formal Council approval. Vice Mayor Wiggishoff MOVED to table discussion for three
meetings until the first meeting in April 1998. Councilman Mower SECONDED the motion. Mayor Miles
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Page 6 of 10
confirmed that the applicant had agreed to the continuance. Councilman Poma asked why there was a three-
meeting delay. Mayor Miles speculated stated that new figures had been made available to the Council and that a
decision should be deferred until the slope analysis in the northwest section of Town was completed. Councilman
Apps expressed his desire to discuss these matters immediately. The motion CARRIED with a 4-3 vote.
Councilman Apps, O'Brien and Poma cast the nay votes.
AGENDA ITEM #21 - CONSIDERATION OF ORDINANCE 98-05 AMENDING THE CHAPTERS 1 AND
10,OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY PERMITTING GUEST
QUARTERS IN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS BY SPECIAL USE PERMIT
ONLY.
Director of Community Development Gary Jeppson stated Ordinance 98-05 had been revised to permit guest
quarters by right in single-family residential districts and must contain a separate kitchen, bathroom, interior access
to the main living quarters, and an exterior access that does not require access to the main living quarters. He said a
wet bar did not constitute a kitchen. No more than 20% of the house could be considered guest quarters and one
additional parking space was required.
Councilman O'Brien asked about a conflict in language in the definition of a kitchen whether it "must" or"may"be
required. Mr. Jeppson stated staff would recommend that a kitchen "may"be required. Councilman Apps stated he
thought an additional parking space should not be required, as it tended to create a rental situation. Mr. Jeppson
pointed out that this ordinance did not prohibit the quarters from being rented.
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Vice Mayor Wiggishoff said she was concerned about garages being turned into guest quarters, remodeled and
fefited—eutturned into obvious duplexes, changing the character of an established neighborhood. She suggested
larger lots might not be likely to be used as rentals. She suggested a zoning overlay concept for use in new
developments where the housing product was originally designed to include guest quarters. A special use permit for
"R1-10"districts and lower should be considered to allow for flexibility to the neighborhood.
Councilman O'Brien asked if the Planning & Zoning Commission needed to reconsider their recommendation if a
change was made to the ordinance. Town Attorney Farrell stated the nature of the change or additional changes to
the ordinance would determine whether it should be referred back to the P&Z Commission.
Councilman Lawrence MOVED to refer Ordinance 98-05 back to the Planning & Zoning Commission for
consideration. Councilman Poma SECONDED the motion. Mr. Jeppson asked for clarification as to how to
advertise this matter. Mr. Farrell suggested verbiage such as "guest quarters in all residential districts as either a
permitted use or a special use with conditions in various zoning districts" be used to allow flexibility in determining
the ordinance.
The motion CARRIED unanimously.
AGENDA ITEM #22 - PUBLIC HEARING TO RECEIVE TESTIMONY ON A PROPOSED TEXT
AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
REGULATE THE HEIGHT OF FENCES AROUND TENNIS AND REGULATION BASKETBALL
COURTS, CASE NUMBER Z98-01.
Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:26 p.m.
Planner Sverdrup stated the Baptist Church had prompted the amendment to the zoning ordinance concerning the
regulation of the height of fences around tennis and basketball courts as they desired to construct a 10' fence rather
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Page 7 of 10
than the 6' height that was presently allowed. He explained that the amendment eliminated the requirement for a wall
around a private tennis court or basketball court and also permitted the wall with a 50% openness clause. This.j
ordinance would pertain to a regulation basketball court as defined by a national association rather than a half-court
similar to those on private property or in driveways.
No one from the public spoke for or against the ordinance. Mayor Miles closed the public hearing and reconvened the
Regular Session of the Town Council at 8:29 p.m.
AGENDA ITEM #23 - CONSIDERATION OF ORDINANCE 98-09 AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REGULATE THE HEIGHT OF FENCES
AROUND TENNIS AND REGULATION BASKETBALL COURTS, CASE NUMBER Z98-01.
Councilman Mower MOVED to approve Ordinance 98-09 as presented. Councilman Apps SECONDED the
motion, which CARRIED unanimously.
AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 98-11 AMENDING THE SUBDIVISION
ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO PERMIT REVEGETATION IN AREAS
WHERE DISTURBANCE TOOK PLACE PRIOR TO SEPTEMBER 21, 1991.
Mr.Jeppson pointed out that the Building Safety Review Committee had been concerned about the fencing-in of an
area that had been disturbed for some time located in Rancho Montana Subdivision as well as other areas in the
community. Mr. Nordin stated exceptions could be made to allow revegetation of scraped land with staff
permission. Councilman Poma said he was a member of the Committee and that he approved of revegetation of
another area located in Monterra Ranch by Monterey Drive and Saguaro Boulevard. Mr. Jeppson stated the
Subdivision Ordinance required the hillside protection areas to be fenced off during the construction period of any
subdivision. He said the Subdivision Ordinance did not permit any revegetation of any hillside protection area
would be considered a disturbance not permitted by the Subdivision Ordinance.
Councilman Lawrence MOVED to approve Ordinance 98-11 as presented. Vice Mayor Wiggishoff SECONDED
the motion, which CARRIED unanimously.
AGENDA ITEM #25 - CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE
PROPERTIES OF PACIFIC SOUTHWEST XII CONDOMINIUMS, A 2-UNIT PROJECT, LOCATED AT
14248 N.IBSEN DRIVE,AKA PLAT 111,BLOCK 5,LOT 7, CASE NUMBER S97-060.
Planner Sverdrup stated this two-unit project had applied for condominium status and was recently completed. Vice
Mayor Wiggishoff MOVED to approve the preliminary and final plat for the Properties of Pacific Southwest XII
Condominiums as presented. Councilman Poma SECONDED the motion, which CARRIED with a 6-1 vote.
Councilman Mower cast the nay vote.
AGENDA ITEM #26 - CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE
ALBERTA CONDOMINIUMS, A 2-UNIT CONDOMINIUM PROJECT LOCATED AT 12257 N. CHAMA
DRIVE,AKA PLAT 206,BLOCK 5,LOT 3, CASE NUMBER S98-001.
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Mr. Sverdrup stated this duplex was not yet constructed and was seeking a condominium conversion. Vice Mayor
Wiggishoff MOVED to approve the preliminary and final plats for the Alberta Condominiums as presented.
Councilman Lawrence SECONDED the motion, which CARRIED with a 5-2 vote. Councilman Mower and Apps
cast the nay votes.
AGENDA ITEM #27 - CONSIDERATION OF ORDINANCE 98-07, AMENDING THE TOWN CODE,
CHAPTER 11, OFFENSES, ARTICLE 11-1, OFFENSES, SECTION 11-1-14, DISCHARGE OF
FIREARMS, TO BROADEN THE RANGE OF WEAPONS THAT SHALL NOT BE DISCHARGED
WITHIN THE TOWN; AND DECLARING AN EMERGENCY.
Assistant Town Attorney Andrew McGuire stated Ordinance 98-07 was drafted because of a problem with discharge
of various weapons reported by the Marshal's Department and the MCSO officers. He said the current ordinance
only provided for the discharge of firearms. He said the Town of Carefree had experienced similar problems and
had defined the various types of firearms and weapons to enable better enforcement of the ordinance. Mr. Nordin
stated that at least six votes were needed to approve the emergency clause contained in the ordinance.
Marshal Gendler pointed out various incidents relative to the firing of weapons, bow hunting, pellet guns, and bb
guns in the washes and the concern for safety of nearby residents. Councilman Lawrence asked why hunting could
be prohibited town-wide pursuant to State Game & Fish regulations. Marshal Gendler responded by saying that
crossbow usage might not be considered hunting, but recreational, and therefore exempt and he wanted to include all
types of weapons in the ordinance. Mr. McGuire pointed out that the exception clause in "B" contained verbiage to
allow "other similar gun or instrument" as being included for the purposes of defining a "weapon". Councilman
Apps said the definition of the word "weapon" was unsatisfactory and preferred more information regarding
weapons of destruction from perhaps a local chapter of the National Rifle Association.
Councilman Poma asked if target practice in a person's backyard was permitted. Marshal Gendler clarified that the
ordinance called for "anywhere within the corporate limits of the Town" which would mean that target practice
would not be allowed in a resident's backyard. Mr. McGuire stated that if complaints were received, a citation
could be issued to a resident performing target practice in his own backyard. Councilman Lawrence said he thought
the ordinance should be re-written to allow for private rights in a resident's backyard.
Stan West supported the ordinance as a measure to prevent injuries and damage to property in the town. Bob
Barbanica stated he had experienced an incident of youths shooting in the washes and suggested a provision be
included to provide for target practice in owners' backyards. Mr. McGuire responded by saying the boundaries of
certain properties in the town included property leading into wash areas and was unfenced making it difficult to
determine the exception for backyard target practice. Ken Freeland said he was concerned about the result of
neighbors filing complaints against neighbors.
Officer John D'Amico, a Sergeant with the Maricopa County Sheriff's Office, informed the Council the present
ordinance did not contain terms prohibiting bow hunting in the washes. He said he was primarily concerned with
the safety aspect more than anything else. Mayor Miles suggested the ordinance be adopted immediately and
continue to work on an amendment to allow for backyard target practice. Councilman Lawrence said he favored the
protection of citizens but that the ordinance did not focus on preventing hunting. Also he suggested a definition of
exactly what hunting included was in order. Councilman Apps suggested certain limitations on poundage of bows
and arrows was necessary or velocity of firearms. Vice Mayor Wiggishoff opted for favoring the ordinance based
on a common sense approach on the part of law enforcement officers.
Councilman O'Brien MOVED to approve Ordinance 98-07 as presented. Councilman Poma SECONDED the
motion, which CARRIED with a 5-2 roll call vote. Councilmen Lawrence and Apps cast the nay votes. Due to the
vote,the emergency clause was not permitted and the ordinance would not become effective until after thirty days as
provided in the Town Code.
Town Council Regular Session 2/19/98
Page 9 of 10
AGENDA ITEM #28 - CONSIDERATION OF ORDINANCE 98-08, AMENDING THE TOWN CODE,
CHAPTER 12, ARTICLES 12-2, TRAFFIC CONTROL, AND 12-3, PARKING, BY CREATING TWO
NEW SECTIONS, 12-2-13, PENALTIES, AND 12-3-10, PENALTIES;_ TO CLARIFY THE PENALTIES
FOR VIOLATION OF THIS CHAPTER.
Assistant Town Attorney Andrew McGuire stated Ordinance 98-08 unified all of the parking penalties sections in
the Town Code. Councilman Lawrence MOVED to approve Ordinance 98-08 as presented. Vice Mayor
Wiggishoff SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#29- CALL TO THE PUBLIC.
No one came forward to speak from the public.
AGENDA ITEM#30-ADJOURNMENT.
Councilman Poma MOVED to adjourn the meeting. Councilman Lawrence SECONDED the motion, which
CARRIED unanimously. Mayor Miles adjourned the meeting at 9:02 p.m.
•
TOWN OF FOUNTAIN HILLS
By:
erry Mi , ayor
A 1-11,ST:
Cassie B. Hansen,Town Clerk
PREPARED BY: ( Zet,t7ca,, 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 19th day of February 1988. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 5th day of March 1998. Nor
Town Council Regular Session 2/19/98
Page 10 of 10