HomeMy WebLinkAbout2018.1002.CCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE
FOUNTAIN HILLS TOWN COUNCIL
OCTOBER 2, 2018
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
Mayor Kavanagh called the Regular Meeting of October 2, 2018, to order at 5:32 p.m.
2. INVOCATION — Pastor Tony Pierce, First Baptist Church of Fountain Hills
Pastor Pierce gave the invocation.
3. ROLL CALL — Mayor Linda M. Kavanagh
Mayor Kavanagh thanked Councilmember Brown for his service as Vice Mayor, stating
that he had done an extraordinary job. She then recognized Councilmember Art Tolis as
the new Vice Mayor. Vice Mayor Tolis said that it was an honor to serve.
COUNCILMEMBERS PRESENT: Mayor Linda Kavanagh; Vice Mayor Art Tolis;
Councilmembers Dennis Brown, Nick DePorter, Henry Leger and Alan Magazine.
COUNCILMEMBERS ABSENT: None.
STAFF PRESENT: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson;
and Town Clerk Elizabeth A. Burke.
4. MAYOR'S REPORT
A. The Mayor will read a proclamation declaring October 2018 as Domestic
Violence Awareness Month in the Town of Fountain Hills.
Mayor Kavanagh read the proclamation declaring October 2018 as Domestic
Violence Awareness Month in the Town of Fountain Hills, noting that Council had
worn purple and Town Hall's dome was lit purple for the month.
B. The Mayor will read a proclamation declaring October 2018 as Fire Prevention
Month in the Town of Fountain Hills.
Mayor Kavanagh read the proclamation declaring October 2018 as Fire
Prevention Month in the Town of Fountain Hills and recognized members of the
Fire Department.
5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
None
FOUNTAIN HILLS TOWN COUNCIL
REGULAR MEETING OF OCTOBER 2, 2018 PAGE 2
6. CALL TO THE PUBLIC
Pursuant to A.R.S. 38-431.01(H), public comment is permitted(not required) on matters NOT listed on the
agenda. Any such comment(i)must be within the jurisdiction of the Council and(ii)is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised
during "Call to the Public"unless the matters are properly noticed for discussion and legal action. At the
conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter, or(iii)ask that the matter be placed on a future Council agenda.
None
7. CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be
enacted by one motion and one roll call vote of the Council. Ali motions and subsequent approvals of
consent items will include all recommended staff stipulations unless otherwise stated. There will be no
separate discussion of these items unless a councilmember or member of the public so requests. If a
councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may
request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or
Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the
Consent Agenda and considered in its normal sequence on the agenda.
A. APPROVAL OF Minutes of the Special Meeting of September 11, 2018; the
Special Meeting (Executive Session) of September 18, 2018; and the Regular
Meeting of September 18, 2018.
B. CONSIDERATION OF Resolution 2018-55, abandonment of the 10' Public Utility
and Drainage Easement on Plat 602B, Block 2, Lot 24 (15928 E. Lantana Lane),
as recorded in Book 166, Page 32, records of Maricopa County, Arizona; with
stipulation. (EA 2018-15).
C. CONSIDERATION OF approving a Special Event Liquor License application for
the Veterans of Foreign Wars Post 7507 Foundation (Debra Biloskirka) to be
held in conjunction with the Fountain Hills Fair, being held on the Avenue of the
Fountains, from 9:00 AM to 7:00 PM, November 9 — 11, 2018.
D. CONSIDERATION OF approving a Special Event Liquor License application for
the Veterans of Foreign Wars Post 7507 (Boris Biloskirka) to be held in
conjunction with the Fountain Hills Fair, being held on the Avenue of the
Fountains, from 9:00 AM to 7:00 PM, November 9 — 11, 2018
Counciklmember Magazine MOVED to approve the Consent Agenda Items 7-A through
7-D; SECONDED by Councilmember Leger; passed with a roll call vote:
VICE MAYOR TOLIS AYE
COUNCILMEMBER LEGER AYE
COUNCILMEMBER BROWN AYE
COUNCILMEMBER DEPORTER AYE
COUNCILMEMBER MAGAZINE AYE
MAYOR KAVANAGH AYE
FOUNTAIN HILLS TOWN COUNCIL
REGULAR MEETING OF OCTOBER 2, 2018 PAGE 3
8. REGULAR AGENDA
A. CONSIDERATION OF reappointment of Youth Commissioner to Community
Service Advisory Commission.
Community Services Director Rachael Goodwin said that when she first joined
the Town they did not have a youth representative on the Community Services
Advisory Commission.
Mayor Kavanagh MOVED to nominate and reappoint Hayden Arnold as the
Youth Commissioner to the Community Services Advisory Commission with a
term beginning October 1, 2018, and ending May 31, 2019; SECONDED by
Councilmember DePorter; passed unanimously.
B. PUBLIC HEARING to receive comments on Ordinance 18-11, a proposed text
amendment to Section 1.12, Section 5.10.A, Section 5.10.B, Section 10.09, and
the addition of Section 5.10.0 in the Town of Fountain Hills Zoning Ordinance to
provide development standards for utilizing cantilevers on single-family
residential lots or parcels with slopes equal to or greater than 30%. (Case
#Z2018-03)
Mayor Kavanagh noted that items 8-B and 8-C will have one presentation so
public comment for either should be taken under 8-B. She then opened the
Public Hearing.
Town Attorney Grady Miller said that about 18 months ago, the Council had a
retreat and had public policy discussions. At that time, Councilmember Brown
had brought up an issue and after discussion, staff was directed to research the
issue further and bring back something for consideration.
He said that a year ago the item on Hillside Development Standards was
adopted, but it did not reach the goal of what Council was trying to achieve. Staff
then took an additional item before the Planning and Zoning Commission and it
was coming before Council tonight for consideration with a recommendation for
approval.
Senior Planner Marissa Moore said that staff had previously brought before
Council, at the September 5, 2017, meeting, an amendment to the Zoning
Ordinance to create provisions that allowed single-family development on steep
(greater than 30% grade) lots to reduce the front yard setback to 10 feet.
She said that staff was then requested by the Town Manager to investigate
development options for cantilever structures on canyon side lots. Staff reviewed
hillside development standards throughout the US, and found that a great
majority of municipalities actually prohibit this type of development in a number of
ways, and instead require residential structures to be constructed so that they sit
close to the hillside and terrace down.
In an effort to create regulations that allow for creative ways to develop on steep
slopes, staff analyzed a number of cantilever structures from the United States
FOUNTAIN HILLS TOWN COUNCIL
REGULAR MEETING OF OCTOBER 2, 2018 PAGE 4
and other areas. One of the concerns is that the aesthetics of Fountain Hills
should be maintained, and the ordinances should be drafted accordingly.
She said that Paradise Valley has some regulations on cantilever development
and has a committee that reviews the designs of homes. Fountain Hills does not
have a committee for such review, so the ordinance had to be written to take into
account both the desire for flexibility in design and consideration of the
neighborhood character, which may at times contradict each other.
She said that there had been a request by Council for numbers related to the
existing lots in Fountain Hills to which this would apply. There were 895 total
single family residential vacant lots left in Fountain Hills. They took out the State
Trust Land and also Adero Canyon because they have product models and have
never done cantilever homes. Of the 895, 52 of them are not within any HOA or
under NPOA. Out of those 52, less than 10 have a 30% or greater slope.
She thanked the Maricopa Association of Governments (MAG) for their
assistance in compiling the numbers.
She said that when it went to the Planning and Zoning Commission, they
recommended approval with the following considerations:
1. Design Review Criteria
2. Limiting Visual Mass
3. Eliminate to just one story building
4. Requiring soffits to be finished
5. Possible legal issues with engineering design (to go through building and
engineering in their review)
6. Landscaping
At this time, Mayor Kavanagh introduced the new Town Attorney, Aaron Arnson,
and apologized for not introducing him at the beginning of the meeting.
Mr. Arnson said that it was a pleasure to be serving the Town and he was happy
to be there.
Councilmember Brown gave some history of how the issue had came about,
stating that a local builder in town, John Pontain, had come to him with the idea
of being able to build on what was now nonbuildable lots. These were lots
originally sold under the County ordinances. When they became a town they
brought in their own ordinances, and these lots then became nonbuildable.
He said that since this all started, Steve Argo with MCO Realty and part owner of
Eagles Nest, called him to say they at their last meeting the Board was rewriting
the guidelines to allow terraced retaining walls.
It was noted that the Town could write some basic guidelines and probably hire
the NPOA to do the review. They are asking their reviewing committee to look at
that option.
FOUNTAIN HILLS TOWN COUNCIL
REGULAR MEETING OF OCTOBER 2, 2018 PAGE 5
In response to a question, Ms. Moore said that she could not find anything
spelled out in other communities; most require what the Town currently does,
building into the mountainside.
Concern was voiced with infill lots having homes on either side that built to Code
and whether it would raise the issue of compatibility. Discussion was held and it
was suggested that the recommendations from the Planning and Zoning
Commission be part of the architectural guidelines.
Staff was commended for all of the work they had done on addressing this issue.
Bob Shelstrom, Fountain Hills resident, said that he had no objection to
cantilever homes; it can be engineered properly. He suggested that they require
a geotechnical engineer to design the home.
Mayor Kavanagh closed the Public Hearing at this time.
C. CONSIDERATION OF Ordinance 18-11, a proposed text amendment to Section
1.12, Section 5.10.A, Section 5.10.B, Section 10.09, and the addition of Section
5.10.0 in the Town of Fountain Hills Zoning Ordinance to provide development
standards for utilizing cantilevers on single-family residential lots or parcels with
slopes equal to or greater than 30%. (Case #Z2018-03)
Councilmember Brown MOVED to adopt Ordinance 18-11 with the stipulation
that no permits be released until they have a set of guidelines in place for
cantilever residences and they have the NPOA in place for their review;
SECONDED by Vice Mayor Tolis; passed unanimously.
Councilmembers and staff were thanked for the amount of work put into making
this happen.
D. PUBLIC HEARING to receive comments on Ordinance 18-12, a proposed text
amendment to the town of fountain hills subdivision ordinance, article 5, section
5.02 and section 5.04 to remove the requirements for 6-foot tall chain link fencing
to delineate the disturbance limit boundaries and to allow rope and flag to be
used to delineate the disturbance limit boundaries. (Case #S2018-04)
Mayor Kavanagh noted that items 8-D and 8-E would have one presentation and
comments would be received under item 8-D. At this time she opened the Public
Hearing.
Ms. Moore said that she had no presentation, other than what had been
explained in the agenda action form. She said that currently builders are required
to install a 6' tall chain link fence, which is very difficult to do at times with the
Town's terrain. This change would allow for stakes to be installed with rope and
flags to delineate disturbance limit boundaries.
Mayor Kavanagh closed the Public Hearing.
FOUNTAIN HILLS TOWN COUNCIL
REGULAR MEETING OF OCTOBER 2, 2018 PAGE 6
E. CONSIDERATION OF Ordinance 18-12, a proposed text amendment to the town
of fountain hills subdivision ordinance, article 5, section 5.02 and section 5.04 to
remove the requirements for 6-foot tall chain link fencing to delineate the
disturbance limit boundaries and to allow rope and flag to be used to delineate
the disturbance limit boundaries. (Case #S2018-04)
Brief discussion was held on this proposed change and how difficult it is to try
and stand up 6' fences on hillsides.
Councilmember Brown MOVED to adopt Ordinance 18-12; SECONDED by Vice
Mayor Tolis; passed unanimously.
F. CONSIDERATION OF authorization to the Town Manager to sign a Cooperative
Purchase Agreement (CPA #2019-028) with Game Time in the amount of
$100,000 for purchase of play ground equipment in conjunction with the Four
Peaks Park improvements.
Mr. Miller said that in this year's Capital Improvements Plan, the Council
authorized funding for the rehabilitation of Four Peaks Park improvements.
Community Services Director Rachael Goodwin said that they have been
awarded a matching grant. They are looking to purchase $106,000 worth of
equipment for $86,000.
Ms. Goodwin said that since they are under a time constraint, staff is requesting
authorization for the Town Manager to sign an agreement once it has been
finalized by the Town Attorney. She then reviewed the proposed equipment. She
said that if they should find savings through the process down the road, or
another funding source, they would like to add additional elements.
Staff was congratulated for their work in obtaining grants, and Council agreed
that they were excited to see renovations taking place at Four Peaks Park.
Ms. Goodwin said that they hope to have the equipment purchased by the end of
October, received by the end of the year, and the site ready for installation
around mid-spring.
Councilmember DePorter MOVED to authorize the Town Manager to sign a
Cooperative Purchase Agreement (#2019-028) with Game Time in the amount of
$100,000 for purchase of play ground equipment in conjunction with the Four
Peaks Park improvements; SECONDED by Councilmember Leger; passed
unanimously.
G. CONSIDERATION OF approving an amendment to the Professional Services
Agreement with Brown & Associates, to increase the FY18-19 contract (C2019-
002.1) by $45,000 to cover the cost of on-call plan review and inspections
through June 30, 2019.
Mr. Miller said that the item before Council is a contract amendment to increase
funding for Brown & Associates, who does a lot of the Town's outside plan review
and inspections. This is to increase the amount from $15,000 to $60,000, a
$45,000 increase, which has been budgeted.
FOUNTAIN HILLS TOWN COUNCIL
REGULAR MEETING OF OCTOBER 2, 2018 PAGE 7
Mr. Miller said that staff has brought to his attention that this may need to come
back again before the end of the year; it is dependent on the amount of work. He
said that he has asked staff to produce a report that shows the work load, and,
additionally, it may be time to look at a permit fee study to see how much is being
recuperated from permits.
Bob Shelstrom, Fountain Hills resident, said that in his past professional life he
was certified as a code reviewer and conservation engineer. He said that they
need to determine what their actual costs are for the services and decide how
much will be recovered through the permits.
Councilmember Brown MOVED to approve the contract amendment in the
amount of $45,000 (total $60,000) to Brown & Associates; SECONDED by
Councilmember Leger; passed unanimously.
H. CONSIDERATION OF appointment to fill the vacancy on Council.
Mayor Kavanagh thanked all of the eleven applicants, including the five chosen
for interviews.
Councilmember Brown MOVED to appoint Sherry Leckrone to fill the unexpired
term of Cecil Yates on the Fountain Hills Town Council; SECONDED by Vice
Mayor Tolis; passed unanimously.
Ms. Leckrone came forward and said that she appreciated the Council's faith in
her. She said that she enjoyed service when she was on the Planning and
Zoning Commission and she now finds herself able to devote a lot more time.
She feels privileged to be appointed and looks forward to serving the residents.
9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER.
Item(s) listed below are related only to the propriety of (i) placing such item (s) on a
future agenda for action or (ii) directing staff to conduct further research and report back
to the Council:
None
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, individual Councilmembers, and the Town Manager.
None
FOUNTAIN HILLS TOWN COUNCIL
REGULAR MEETING OF OCTOBER 2, 2018 PAGE 8
11. ADJOURNMENT.
Councilmember Magazine MOVED to adjourn; SECONDED by Councilmember
DePorter; passed unanimously. The Regular Meeting of the Fountain Hills Town Council
held October 2, 2018, adjourned at 6:52 p.m.
TOWN OF FOUNTAIN HILLS
/ 7)__-,(-Linda M. Kav�a h, Ma
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ATTEST AND PREPARED BY:
- ,_I / �
Eli eth A. e e•-, Town Clerk -
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers
on the 2nd day of October, 2018. I further certify that the meeting was duly called and that a
quorum was present.
DATED this 16th day of October, 2018.
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Eli a.eth A c.rke, T:wn Cl