HomeMy WebLinkAbout1998.1217.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
DECEMBER 17, 1998
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M.,
Thursday,December 17, 1998, 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, Pastor Mark Derksen of the New Life Christian Fellowship gave the
invocation. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon
Morgan,Vice Mayor Al Poma and Councilmembers John Wyman, Sharon Hutcheson, Sid Apps,Marianne Wiggishoff,
and Penfield Mower. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie
Hansen,Town Engineer Randy Harrel and Planners Jeff Valder and Geir Sverdrup.
Mayor Morgan read the Consent Agenda, which consisted of the following agenda items:
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF DECEMBER
3an, 1998.
AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY JOHN
FODERARO JR. OF STRADA RACING, INC. FOR THE FOUNTAIN HILLS CRITERIUM TO BE HELD
t. ON SUNDAY, FEBRUARY 14, 1999 FROM 6:00 A.M. TO 6:00 P.M. THE EVENT WOULD REQUIRE
THE CLOSURE OF SAGUARO BOULEVARD FROM EL LAGO TO PALISADES; THE CLOSURE OF
THE EASTBOUND LANE OF PANORAMA FROM SAGUARO TO EL LAGO; THE CLOSURE OF THE
WESTBOUND LANE OF EL LAGO FROM PANORAMA TO SAGUARO.
AGENDA ITEM#3- CONSIDERATION OF APPROVING A CONTRACT IN THE AMOUNT OF$165,600
FOR FOUNTAIN PARK DESIGN AND CONSTRUCTION DOCUMENTS TO E-GROUP CONSULTING.
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1998-69, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN HILLSIDE PROTECTION EASEMENT
FOR LOT 26 OF PLAT 515 AMENDED (16208 N. SUNRIDGE DRIVE) AS RECORDED IN BOOK 409 OF
MAPS,PAGE 26 RECORDS OF MARICOPA COUNTY,ARIZONA. (TONY WOODRALL-EA98-37).
AGENDA ITEM #5 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE .4320±
ACRE, 2 UNIT PROPOSED GALLERY HOMES CONDOMINIUMS 5, LOCATED AT 14220
HAWTHORNE COURT, CASE NUMBER S98-047.
AGENDA ITEM #6 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE .2971±
ACRE, 2 UNIT PROPOSED SUBAK CONDOMINIUMS,_LOCATED AT 17036 E. SALIDA DRIVE, CASE
NUMBER S98-049.
AGENDA ITEM #7 - CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE 4-UNIT,
18,045 SQUARE FOOT SAGUARO VISTA CONDOMINIUM PROJECT, LOCATED AT 11402 N.
SAGUARO BLVD., AKA PLAT 201, BLOCK 6, LOT 4, CASE NUMBER S98-045 (WITH
STIPULATIONS).
Town Council Regular Session 12/17/98
Page 1 of 7
Vice Mayor Poma MOVED to approve the Consent Agenda as read. Councilman Apps SECONDED the motion.
A roll call vote was taken with the following results:
Vice Mayor Poma Aye
Councilwoman Wiggishoff Aye
Councilman Apps Aye
Councilman Wyman Aye
Councilman Mower Nay
Councilwoman Hutcheson Aye
Mayor Morgan Aye
The motion CARRIED.
AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 1998-68, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED ALONG THE SOUTHWESTERLY PROPERTY LINES OF LOTS 8 & 9, AND
THE NORTHEASTERLY LOT LINE OF LOT 25, OF PLAT 202, BLOCK 1, (17149 E. AMHURST) AS
RECORDED IN BOOK 147 OF MAPS, PAGE 35 RECORDS OF MARICOPA COUNTY, ARIZONA.
ALBERT POMA—EA98-35).
Vice Mayor Poma declared a conflict of interest and stated he would not participate in discussion or voting on this
item. Town Engineer Randy Harrel stated this abandonment was a typical matter but had not been included on the
Consent Agenda because Vice Mayor Poma desired to declare a conflict of interest. Councilwoman Wiggishoff
MOVED to approve Resolution 1998-68 as presented. Councilman Mower SECONDED the motion, which
CARRIED with 6 affirmative votes. Vice Mayor Poma abstained from voting.
AGENDA ITEM #9 - PUBLIC HEARING ON ORDINANCE 98-36, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS FOR THE ADDITION OF A NEW ZONING
DISTRICT CATEGORY TO BE KNOWN AS TOWN CENTER COMMERCIAL DISTRICT ("TCCD"),
CASE NUMBER Z98-20.
Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 6:35 p.m.
Director of Community Development Jeff Valder stated this new zoning district was created for use in the new Town
Center area and included incentives that to enable the creation of a pedestrian-oriented, mixed use of commercially-
zoned property. He stated a representative of MCO Properties had requested a change in the proposed ordinance that
would currently prohibited drive-in windows and suggested banks and dry cleaners be permitted to have a drive-in
window capability. Mr. Valder stated he would need Council direction for such a change. Vice Mayor Poma asked
if a drive-in window could be requested under a special use permit. Mr. Valder said it could but the ordinance would
need to be amended to include drive-in windows as a permitted use under the special use section.
Shelly Johnson, representing MCO Properties, supported the drive-in window stipulation for banks and dry cleaners.
She supported the design guidelines that had been developed by Mr. Dietz concerning colors, themes, and
landscaping issues. Mark Van Boeckel said he approved of creating guidelines for the downtown area as a means to
assure continuity of development. Tom Schuelke stated a previous study had indicated several businesses currently
located on Saguaro could relocate to the Town Center and asked what the Council's vision was for the Town Center.
Councilwoman Wiggishoff answered that she thought the Council's vision was to maintain a pedestrian-friendly
mixed-use environment to contribute to the viability of the downtown area. She said details regarding lights, colors
and street designs would be worked out at a later date. Mr. Schuelke asked why hardware stores were excluded from
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Page 2 of 7
this new district. Councilwoman Wiggishoff answered that hardware stores were included in other commercial
zoning districts.
Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 6:45 p.m.
AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE 98-36, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS FOR THE ADDITION OF A NEW ZONING
DISTRICT CATEGORY TO BE KNOWN AS TOWN CENTER COMMERCIAL DISTRICT ("TCCD")s
CASE NUMBER Z98-20.
Vice Mayor Poma MOVED to approve Ordinance 98-36 as presented. Councilman Wyman SECONDED the
motion. Councilman Mower asked why the exclusion of drive-in windows was being considered. Councilwoman
Wiggishoff stated she thought the intent was to prevent drive-through fast food or liquor stores but supported the
positioning of drive-through ATM's on the fringe area of the zoning district rather than the center part of the district.
Mr. Valder stated there were not any boundaries for the Town Center and that the Council was being asked only to
approve the language to create the new zoning district. After its approval, a request to rezone existing lands into this
new district could be considered.
Councilwoman Wiggishoff MOVED to amend the ordinance to include thq addition of drive through capabilities for
banks and dry cleaners under Section 18.05, Uses Subject to Special Use Permits. Councilwoman Hutcheson
SECONDED the amendment, which CARRIED unanimously.
The motion to approve Ordinance 98-36, as amended, CARRIED unanimously.
AGENDA ITEM#11 - PUBLIC HEARING ON ORDINANCE 98-37, REZONING LOTS lA-1D, BLOCK 3,
PLAT 422, LOCATED AT THE SOUTHEAST CORNER OF KINGSTREE BOULEVARD AND INDIGO
DRIVE,FROM "R-3" MULTI-FAMILY ZONING TO "R-2" MULTI-FAMILY ZONING, CASE NUMBER
Z98-19
Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 6:50 p.m.
Planner Dana Burkhardt said the recent change in R-3 setback requirements had resulted in a limited building
envelope for the fourth lot in Plat 422 and that the applicant had requested a zoning change to R-2 to accommodate
his single-family product. There were no comments from the Council or the public regarding this zoning change
request.
Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 6:51 p.m.
AGENDA ITEM #12 - CONSIDERATION OF ORDINANCE 98-37, REZONING LOTS lA-1D, BLOCK 3,
PLAT 422, LOCATED AT THE SOUTHEAST CORNER OF KINGSTREE BOULEVARD AND INDIGO
DRIVE, FROM "R-3" MULTI-FAMILY ZONING TO "R-2" MULTI-FAMILY ZONING, CASE NUMBER
Z98-19.
Councilwoman Hutcheson MOVED to approve Ordinance 98-37 as presented. Vice Mayor Poma SECONDED the
motion. Councilwoman Wiggishoff stated that the end result of this zoning change would permit single family
homes to be built in a multi-family zoned district and would not offer future protection to buyers of the homes on the
four lots. She said this would create an inconsistency of what was built compared to the underlying zoning of the
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Page 3 of 7
property. Mr. Valder stated he hoped buyers would be aware of the zoning district and that an amendment to the
General Plan for the R1-6 district could be proposed at a later time because it had the same setbacks as R-2 and
permitted single family dwellings. Councilwoman Wiggishoff expressed interest in pursuing the amendment.
Councilman Wyman said that since Lot 1-D was next door to a single-family residence, it seemed reasonable to
approve the rezone request. The motion CARRIED unanimously.
AGENDA ITEM #13 - CONSIDERATION OF THE PRELIMINARY PLATS FOR THE FOLLOWING
FIREROCK COUNTRY CLUB PARCELS:
PARCEL F—AN 11.04±ACRE,9 LOT PARCEL,CASE NUMBER S98-025;
PARCEL G—A 22.98±ACRE, 19 LOT PARCEL, CASE NUMBER S98-026;
PARCEL H1 -AN 8.96±ACRE, 10 LOT PARCEL, CASE NUMBER S98-027;
PARCEL H2—A 22.09±ACRE,22 LOT PARCEL, CASE NUMBER S98-028;
PARCEL I—A 39.64±ACRE,20 LOT PARCEL, CASE NUMBER S98-037;
PARCEL J1 -AN 18.48±ACRE, 19 LOT PARCEL, CASE NUMBER S98-029; AND
PARCEL J2—A 39.37±ACRE,32 LOT PARCEL, CASE NUMBER S98-038.
APPROVAL OF THE PRELIMINARY PLATS INCLUDES THE FOLLOWING CUT AND FILL
WAIVERS:
CUT & FILL WAIVER APPLICATION FOR PARCEL G, CASE NUMBER CFW98-05;
CUT & FILL WAIVER APPLICATION FOR PARCEL H-2, CASE NUMBER CFW98-04;
CUT& FILL WAIVER APPLICATION FOR PARCEL I, CASE NUMBER CFW98-03;AND
CUT & FILL WAIVER APPLICATION FOR PARCEL J-2, CASE NUMBER CFW98-02.
Planner Geir Sverdrup stated the first seven plats were being submitted from the Firerock Country Club development
along with four cut and fill waivers. He noted that Parcel F was entirely outside of the gated portion of Firerock and
460, Parcel G was partially outside of the gated portion. He said the applicant had been through the subdivision review
process and had been responsive to comments from the staff. He stated the Planning & Zoning Commission had
recommended approval with a concern about the cut and fill waiver for an 18.1' cut but had determined that the cut
provided for the best alignment of the proposed dwellings.
Vice Mayor Poma MOVED to approve the preliminary plats and cut and fill waivers as presented for Firerock
Country Club. Councilwoman Wiggishoff SECONDED the motion. Councilman Mower asked if Tombstone
Avenue was being extended into the gated portion of Firerock Country Club enabling residents to use Tombstone to
exit on Shea Boulevard. Mr. Sverdrup stated that although the residents in Parcel F and G would have access to the
gated portion, they would most likely exit the development using Saguaro Boulevard. Councilman Mower said he
wanted to make sure the Tombstone exit from the gated community was to be used only as an emergency exit. Mr.
Sverdrup stated if Saguaro was closed,residents could exit out through the country club. Mr.Valder stated that if the
residents outside of the gated portion of the subdivision wanted to enter the subdivision, they would need to enter
using the country club access, not using Tombstone. Councilwoman Hutcheson complimented the developer for his
efforts in eliminating as much cut and fill waivers as possible and said she would support the waiver requests.
The motion CARRIED unanimously.
AGENDA ITEM #14 - CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON
PARCEL "L" SUBDIVISION, A 30.24-ACRE, 32-LOT SINGLE-FAMILY DEVELOPMENT LOCATED
NORTH OF DESERT CANYON DRIVE AND WEST OF SUNRIDGE CANYON DRIVE, CASE NUMBER
S96-049 FOR SUNRIDGE CANYON PARCEL L.
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Page 4 of 7
Mr. Valder stated Parcel "L" was not a gated project and that the applicant had provided a landscaping plan that
provided for retaining walls along the eastern side of the project. He said there were minor changes to be made on
the improvement plans but recommended approval of the final plat. Councilwoman Wiggishoff MOVED to approve
the final plat for Parcel "L" of Sunridge Canyon Subdivision. Vice Mayor Poma SECONDED the motion, which
CARRIED unanimously.
AGENDA ITEM #15 - CONSIDERATION OF A PRELIMINARY AND FINAL REPLAT OF THE 22.195±
ACRE, 28 UNIT, PHASE I OF LA LOMA AT EAGLE MOUNTAIN CONDOMINIUMS, LOCATED
NORTHEAST OF EAGLE MOUNTAIN PARKWAY, EAST OF THE EAGLE MOUNTAIN GOLF
COURSE DRIVING RANGE, CASE NUMBER S98-050.
Mr. Valder stated the "shrink wrapping" of condominiums had been previously considered to permit a much larger
piece of air space to be included in the condominium area allowing the developer to finish planning the individual
condominium units. He said this replat was the first of three or four "shrink-wrapped" replat condominiumizations
for the Eagle Mountain subdivision. He stated all the improvement plans were approved with the original
condominium plat and that staff recommended approval. Councilman Mower MOVED to approve the preliminary
and final replat of Phase I of La Loma at Eagle Mountain Condominiums as presented. Vice Mayor Poma
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM #16 - CONSIDERATION OF ORDINANCE 98-35 AMENDING THE TOWN CODE,
CHAPTER 12, TRAFFIC, BY CREATING A NEW ARTICLE 12-5, MOTORIZED SKATEBOARDS,
PROVIDING DEFINITIONS AND REGULATIONS FOR OPERATION OF MOTORIZED
SKATEBOARDS UPON PUBLIC AND PRIVATE PROPERTY.
Public Safety Director Steve Gendler stated an increased flow of complaints and concerns for safety had been
received concerning the operation of motorized skateboards. Since the exemption from traffic laws was removed
from the state statutes concerning motorized skateboards two years ago, the Marshals Department has tried to work
with skateboard users and has tried to respond to complaints prior to having a tragedy occur in the community.
Andrew McGuire, Assistant Town Attorney, stated Ordinance 98-35 was identical to Scottsdale's ordinance with the
exception of the age difference of 14 in Scottsdale compared to age 16 in the ordinance. He said the Scottsdale
ordinance covered traffic safety issues and that a similar ordinance assured continuity in the future development of
the western portion of Fountain Hills where some streets could run into the City of Scottsdale.
Councilwoman Wiggishoff asked where motorized skateboards could be used in the town. Mr. McGuire said the
skateboards would be restricted to only residential streets not having more than four lanes and not more than a 25
mph limit. Councilwoman Wiggishoff stated that since Scottsdale had adopted the restricted age of 14 for motorized
skateboard users that Ordinance 98-35 should contain the same age restriction. Councilman Wyman agreed that the
age should be set at 14 because at age 16 a minor could apply for a driver's license. He asked about operating a
motorized skateboard and overtaking another bicycle, vehicle or pedestrian. Mr. McGuire stated the operator must
use his skateboard as close to the curb as possible but not use the bicycle path or bicycle lane. He said an operator
could use the center part of a roadway when passing another bicycle, vehicle or pedestrian. Councilman Wyman
expressed concerns about skateboard users operating during nighttime hours both from noise and safety standpoints.
Mr. McGuire stated the head lamp requirements in Section 12-5-7 were basically the same as bicycle requirements.
Councilman Mower said he felt comfortable with reducing the age to restrict users under the age of 16. Councilman
Apps asked if Mr. McGuire knew of any challenges to Scottsdale's ordinance and whether this ordinance was
defensible. Mr. McGuire said he determined this ordinance defensible in terms of acting in the public's safety and
that the ordinance was a reasonable restriction for operators of motorized skateboards. Councilman Apps asked
lbw about a requirement for wearing a helmet. Mr. McGuire stated any operator under 18 years of age was required to
wear a helmet and that footwear was also required. Councilman Apps asked about Section 12-5-5-7 requiring
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Page 5 of 7
written permission from the owner of the motorized skateboard. Mr. McGuire said this provision would insure that
the parent-owner of the skateboard would be responsible for users of the skateboard. Councilwoman Hutcheson said
she approved of having an ordinance similar to Scottsdale's and supported lowering the age to 14.
Councilwoman Wiggishoff MOVED to approve Ordinance 98-35 with the age restriction mentioned in Section 12-
5-5-1 lowered from 16 to 14 years of age. Vice Mayor Poma SECONDED the motion.
Councilman Mower MOVED to amend the ordinance to include an age restriction of 16 years of age rather than 14
years of age. This amendment DIED for lack of a second.
Maida Navis, Pintail Court, told the Council of several instances where motorized skateboard users did not obey
traffic laws and expressed her support for the ordinance. Cal Bonefield stated his sons, age 12 and 13, had not had
any problems operating a motorized skateboard and opposed an age limit restriction. He suggested safety issues
were more important and that parents should be able to determine whether their children were responsible and old
enough to operate a motorized skateboard. Deborah Kennedy said her 13-year old son was a responsible user and
that the $400 investment in the skateboard was significant. She said the usage of only residential streets was too
restrictive. Marlin Moore relayed instances of unsafe usage of motorized skateboards by minors and said he was
concerned about an accident where someone might get injured as a result of unsafe practices. Tom Schuelke asked if
motorized skateboards were permitted in McDowell Mountain Park. Mr. McGuire stated he did not know if
Maricopa County had adopted standards for motorized skateboards in the Park.
Vice Mayor Poma MOVED to amend the ordinance to include an age restriction of 12 years old. Councilman Apps
SECONDED the amendment. Councilwoman Wiggishoff sympathized with the responsible parents and young
users but suggested the age restriction be the same as the City of Scottsdale as a matter of safety. Councilman
Mower said he thought the logical age should be 16. Councilman Apps supported provisions requiring a light on all
motorized skateboards at all times. The amendment FAILED with a 5-2 vote. Vice Mayor Poma and Councilman
Apps cast the aye votes.
The original motion, which included an age restriction to 14 years of age, CARRIED unanimously.
AGENDA ITEM#17- CALL TO THE PUBLIC
Tom Schuelke said he had researched the usage of the present Community Center and stated that the existing facility
was only utilized about 20% of the time. He questioned why the Council would approve a new facility with up to nine
times the square footage when the existing building was not being used to capacity. He asked the Council to consider
adding the meeting rooms that were planned for the new Community Center to a library facility.
AGENDA ITEM#18-ADJOURNMENT.
Vice Mayor Poma MOVED to adjourn the meeting. Councilman Apps SECONDED the motion, which CARRIED
unanimously. The meeting adjourned at 7:53 p.m.
TOWN OF FOUNTAIN HILLS
By
Sharon Morg ,Mayor
Town Council Regular Session 12/17/98
Page 6 of 7
A rlEST:
Cassie B. Hansen,Town Clerk
L
PREPARED BY: c.,
Linda .Lemmen,Executive 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 17th day of December, 1998. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 7th day of January, 1999.
5tuit/irvi
Cassie B.Hansen,Town Clerk
L
L
Town Council Regular Session 12/17/98
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