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HomeMy WebLinkAbout1991.1205.TCRM.Minutes TOWN OF FOUNTATN HTLLS MINUTES OF THE REGULAR SESSTON OF THE FOUNTATN HTLLS TOWN COUNCIL DECEMRER 5, 1991 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor John Cittilto at 6:10 p.m. , Thursday, December 5, 1991 , in the Fountain Hills Town Hall , located at 16836 F. Palisades Blvd . , Building C, Fountain Hills, Arizona. ROLL CALi, - Following the pledge to the flag and the invocation by the Reverend Glenn Atchinson from the Fountain Hills Presbyterian Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council : Mayor .John Castillo, Vice Mayor Peg Tibbetts and Councilmembers Frank Clark, Mike Minarsich, Charlie Fox, Bill O'Brien and Wally Hudson. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell , Community Development Director Gary .Teppson, and Town Clerk Cassie Hansen. Mayor Cntil la. stated that there was a consent agenda and that all items listed with an asterisk were considered to he routine matters and would he enacted by one motion and roll call vote of the Council . There would he no separate di_scussi.on of the items unless a Counciimemher or member of the public so requested, in which event the item would be removed from the Consent Agenda and considered in its normal sequence on the agenda. The consent agenda items were read by Mayor Cutillo and the Council acted on them. Mayor Cutillo made a MOTION to approve as read. Councilman Hudson abstained from voting on the minutes of November 21 , 1991 , because he was not present at the meeting. SECONDED by Councilman Fox. The roll call vote was as follows: Councilman O'Brien aye Councilman Hudson abstained Councilman Clark aye Vice Mayor Tibbetts aye Councilman Minarsich aye Councilman Fox aye Mayor Cutillo aye AGENDA ITEM #2 - ACCEPTANCE OF THE MEETING MTNUTES OF NOVEMBER 7TH, 19th, and 21sr, 1991 . This item was a part of the consent agenda . mayor Cutillo made a MOTION to approve. Councilman Hudson abstained from voting on the minutes of November 21, 1991 , because he was not present at the meeting. SECONDED by Councilman Fox and CARRIED unanimously. crie Minutes of the Regular Session of the Town Council 12/05/91 Page 1 of 8 AGENDA ITEM #.3 - MAGTSTRATE'S REPORT. Judge Shoob stated that the receivables had been lowered approximately $3 500 PP , that month to under $100,000. He stated that the filings were lower than the first year's. Judge Shoob said that they were approximately 250 per month and now they were at 170. He said that Mr. Nordin and he had been in contact with the Supreme Court regarding the Grant and he had sent the notice for hire for the Court Officer that day. Judge Shoob said that the Grant was for $35,000. AGENDA ITEM #4 - TOWN MANAGER'S REPORT. #4.A.1 . - Project update, Beeline Highway update with presentation by Dallis Saxton from the Arizona Department of Transportation. Mr. Dallis Saxton, the Assistant State Design Engineer, from the Arizona Department of Transportation stated that construction had already begun on the improvements from Shea Boulevard north on State Road 87 . HP said that A.D.O.T. had met with Salt River- Pima Communities regarding the balance of the highway work. Mr. Saxton said that there were some maintenance items that would he done before the four-laning of the highway. The raised pavement markers had been installed on the centerline and they had painted white stripes on the sides of the highway. Mr. Saxton added that they had done some buildup of the shoulders, adjacent to the two lanes. Mr. Saxton stated that there had been several meetings with various governmental agencies, discussing possible methods to lighten the traffic on Beeline highway during the construction process. Mr. Saxton displayed a chart that showed the signing, marking and shoulder work that he had discussed earlier. HP said that during the construction process, they would install conduit for future traffic control lights at Horne and Gilbert Roads . Mr. Saxton said that the archaeological studies were almost completed . HP said that the hid advertising process took three to four weeks. Mr. Saxton stated that they hoped to complete the two intersections before August 1 , 1992. Mr. Saxton said that after completion of the intersections, the positioning of the four lanes within the two hundred foot easement would begin. HP said that there might be some problem with the width being enough toward the north end of the project . Mr. Saxton said that they hired a consulting firm to study the project and do an environmental impact study and that it would take fifteen months for completion. Mr. Saxton said that if there were going to he any delays, they wanted to announce them by June 1992. HP said that the actual construction start date had been moved up to the first part of fiscal year 1994 and they would spend approximately two years in construction. Ms. Marti Lemieux asked what the statistics were regarding the signage that had been installed on Beeline. Mr. Saxton said that he could ask A.D.O.T. 's traffic personnel and added that there was a feeling that the signs helped . Councilman Minarsich stated that the two Tndian Communities ' permission would he needed also. Mr. Mike Ahatemarco asked if it would he possible to make the Beeline Highway a no passing zone during the construction period . Mr. Saxton stated that the highway had been studied and it did not qualify for that type of classification. #4.A.2. Signing and striping plan for December 1991 . This item was a part of the consent agenda . Mayor Cutillo made a MOTION to approve. SECONDED by Councilman Fox and CARRIED unanimously. Minutes of the Regular Session of the Town Council 12/05/91 Page 2 of B #4.11.1 . Discuss and possibly art upon the following: 1 . Joint letter to the Legislature regarding the redistribution of state shared revenues . This item was cr a part of the consent agenda. Mayor Cutillo made a MOTTON to approve. SECONDED by Councilman Fox and CARRTRD unanimously. 4;4.R.7 . Chamber of Commerce special event request for the Christmas Lighting Program and luminaries. This agenda item was part of the consent agenda. Mayor Cutillo made a MOTTON to approve. SECONDED by Councilman Fox and CARRTRD unanimously. Mayor Cuttillo explained that there were three public hearing agenda items and that he would open the meeting for public discussion, one item at a time, then address the action item for that topic, then the Council would take action on that item. AGENDA TTEM #5 - HOLD A PITRI,TC HEARTNG ON: MCO'S ZONTNG CHANGE REQUEST TO AMEND THE RESTDENTTAi, LTNTT PLANNED DEVELOPMENT ORTGTNALLY REZONED AS Z87-90 TO PLACE 89 STNGLE FAMTLY RF.STDENCES ON 93 ACRES KNOWN AS GOLDEN EAGLE ESTATES. Mayor Cntillo_called the public hearing to order at 7:01 p.m. Mr. .Teppcon stated that MCO was proposing to re7one 93 acres and develop it into RR residential lots. HP said that two lots would he eliminated and the road would he realigned . Mr. .Jeppson said that the developer wanted to reduce the lot s17P from acre-plus lots to approximately twelve thousand square foot lots. He stated that they also wanted to disturb all the area on the lots . Mr. .Teppcon said they were proposing consolidating the open space area into contiguous parcels of land. Mr. Jeppson cro stated that the total hillside disturbance for the proposal was 28.8%. HP explained that a land owner was allowed to disturb twenty percent of the area subject to the hillside ordinance, plus a seven foot band around the footprint of the dwelling. Mr. Jeppson said that there would be a home owner's association and they would own the open spaces throughout the development. Mr. Rielli stated that the property was currently 7oned R1-35 R.U.P.D. and deeded to the school district by McCullough for a school site. HP continued that MCO got the property hack in the trade for the existing high school site. Mr. Rielli explained the planning process for the project . HP stated that MCO had no preference concerning the open space and would either create a home owner's association to maintain it or deed it to the Town. Mr. Rielli said that MCO would present deed restrictions to the Town with the final plat approval request . HP stated that the revised plan was an improvement because it redacted density, controlled the disturbance and preserved the open spaces since the utilities would he in the street . Mr. Rielli said that the circulation plan was an improvement and the overall plan was better. Vice Mayor Tibbetts asked what type of housing they had planned for the area . Mr. Rielli said that MCO had planned for the individual sale of lots and the construction of 2 ,000 to 2 , 500 square foot homes . HP stated that MCO did not plan to do any building program in the area. Councilman O'Brien stated that he did not agree with the mass grading proposal . HP said that the land should have an environmental study done on it before the Town accepted it . Mr. Farrell stated that such a study should he done if the Town chose not to create a home owner's association for the open spaces. Councilman O'Brien questioned the percentage of allowable disturbance and Mr. Rielli said that the Minutes of the Regular Session of the Town Council 12/05/91 Page 1 of 8 site was difficult to develop and they had planned it the best way possible. Mr. A.W. McCanless, Jamaica Lane, spoke in favor of the proposal because it was much better than the previous One. Mr. McCanless said that he wanted to SAP the common areas on the property to go a home owner's association . Mr. Mike Ahatemarco agreed with Councilman O'Brien, that mass grading should not he permitted initially. HP said that it could he done at the time of sale, along with a revegetation plan and many restrictions. Councilman Fox stated that an advantage to the Town taking over the property would he for future path areas and garden areas. Mr. Dick Songer, .Tacklin Drive, stated that he was not against the project, however, he wanted to see the hillside ordinance remain consistent throughout the community. Councilman Clark asked how minimal the tax loss would he on the open spaces in the development and Mr. Farrell said that it was difficult to pinpoint a figure. HP did confirm that he thought it would he minimal . Mr. Jerry Owanicki asked if the open land area, no matter who owned it, could be re-zoned in the future. Mr. Jeppson answered that it could. be, however, that generally there would be a statement in the deed restrictions prohibiting the further development . Mrs . .lune Post , Rand Drive, stated that she felt the grading was improper. Mayor Cutillo called the public hearing closed at 7: 57 p.m. reconvening the Regular Session at 7: 58 p.m. AGENDA TTEM #6 - MCO ZONTNG AMENDMENT REQUEST FOR GOLDEN EAGLE ESTATES. Councilman Hudson said that one planned unit development with certain exceptions a l l owed would not affect or set precedence over anyone else asking to exceed the allowed grading in a hillside area. Councilman Fox stated that he preferred the revised proposed development plan and felt that it would be a more salable product because the lots were smaller and required a less expensive home. 14)Councilman Fox made a MOTION to accept MCO's zoning change request to amend the Residential Unit Development Plan originally zoned as 7R7-90 to place RR single family residences on 93 acres as Golden Eagle Estates with the restriction that is not to exceed the staff recommended area of thirty percent . SECONDED by Councilman Clark. Councilman O'Brien made an AMENDMENT TO THE MOTION that the maximum disturbance allowed would he twenty percent as the hillside ordinance requested and the prohibition of mass grading as in other areas of the town. AMENDMENT SECONDED by Councilman Clark. Councilman Fox stated that the amendment denied the entire project because they had presented the project as being a twenty-eight percent disturbance. AMENDMENT TO THE MOTTON FATLED by a vote of five nays to Councilmen O'Brien and Clark 's aye votes. MOTION CARRIED by a vote of six ayes to Councilman O'Brien's nay vote. Mayor Cuuti l to recessed the Regular Session at 8:O6 p.m. to go into a Public Hearing for: AGENDA ITEM #5 - MCO'S ZONING CHANGE REQUEST TO REZONE THE 6.4 ACRES OF RURAL-43 TO C-1 (NEIGHBORHOOD COMMERCIAL ZONTNG _ KNOWN AS THE BATNBRIDGE NEIGHBORHOOD CENTER AT THE INTERSECTION OF RATNRRTDGE DRTVE AND GOLDEN EAGLE BOULEVARD. Mayor Ciutilto called the Public Hearing to order at 8:07 p.m. and stated that staff had requested a continuance of the request . He said that the Town had a Minutes of the Regular Session of the Town Council 12/05/91 Page 4 of R4410 general plan and study to he completed by August 1992. Mayor Cutilln said that 41110 he world hear comments from those in attendance, however, if the Council derided to delay action on the item, there would probably he another hearing after August . Mr. Nordin referred the Council to his memo and stated that the Planning and Zoning Commission had voted on the item, 4 to 3, to deny the requuest. Mr. Nordin said that staff felt it was appropriate to wait on action on the item until Vernon Swahack had completed the study. Mr. Greg Bielli stated that ,MCO was in complete concurrence with staff's recommendations . Mayor Cult i l l n called for anyone in the audience to speak in favor of the request and there was no comment . Mayor Cuutillo then called for persons opposed to the request to speak . Mr. Mike Hammel stated that at the last meeting everyone was in opposition to the request and he did not feel that staff should have represented the situation differently. He said that the property was not commercial being re-zoned to another type of commercial , it was residential 7oned property being re-7oned to commercial . Mr. Hammel stated that the project would turn out to he a hang out for the high school students . Mr. Ken Stout , Richwood Drive, stated that he believed that MCC) and the Town staff had made a deal to table the project . He requested that the Council take action on the project that night and not table it again. Mr. A. W. McCanless stated that he had attended the meeting where the topic was discussed and he had been impressed with people's comments . Mr. Mike Ahatemarcn stated that at the last meeting the majority of the audience was in opposition to the project . He presented a letter from Mr. Vascellaro, representing thirty-eight business people in the town that were all opposed to the project . Mr. Ahatemarco said that there was adequate commercial property in the community already and MCO should concentrate on developing the existing commercial property. Mr. Rill Powell , Bainbridge Drive, stated that he purchased property in Fountain Hills because he was told it was a residential community. (11610 Mrs . Doris Duugger stated that she had handed in a petition in opposition to the change in 7oning at the Planning and Zoning Meeting. Mrs. Mary Wood spoke against the project . Mr. Dick Songer stated that he was against a convenience store by a high school . Mrs. Anne Post said she was against the additional commercial area . Mrs . Donna Bayo spoke against the project . Mr. Nordin explained staff 's position on the project . Mr. Rielli explained that MC() had made a request for continuance, not a withdrawal of the application. Councilman Clark asked if the developer had intended to re-lone the property to neighborhood commercial from the beginning. Mr. Rielli said that the Rural-43 7oning nn the property was a holding Inning and was on much of the unplatted areas in Fountain Hills. Mr. Nordin stated that there were commercial areas designated throughout the community on the developer's master plan maps . Mr. Farrell stated that the Town was not hound by the County master plan map, the controlling instrument was the Town's 7oning ordinance. He said that at the time of incorporation, the area was zoned Rural-43. Mr. Bernie Dent spoke against the neighborhood commercial . Mr. Mike Hammel stated that the Council should invest in the future and not approve the project . Mayor Cutilln called the public hearing closed at 8' 51 p.m. ; reconvening the Regular Session at R: S1 p.m. AGENDA ITEM #7 - MCO RRZONTNG REQUEST FOR RATNRRTDGE NETGHRORHOOD CENTER. Councilman Minarsich stated that there had not been any deal made between MCO and the Town 's staff. He said that he resented the fact that Council had been 461, Minutes of the Regular Session of the Town Connril 12/05/91 Page 5 of 8 accused of not representing the people that he had heard a lot of talk about the problems hot no talk about solutions . Councilman Minarsich said that the Council l was not being asked to approve commercial zoning at that time, they were being '4) asked to table a request . HP also said that one hundred persons did not represent the ten thousand residents in the community. Councilman Minarsich stated that in August 1992 the General Plan would he made public and all the areas would have been studied by that time. HP stated that there was another commercial area at Palisades and Fountain Hills Boulevards that was closer to the high school than the proposed one and no one had mentioned that one. HP stated that MCO had improved the community by reducing the master plan from seventy thousand to forty thousand. Councilman Minarsich then made a MOTTON that the request to re-zone 6.4 acres from Rural-4.1 to C-1 on the property located at the intersection of Bainbridge Drive and Golden Eagle Boulevard he continued to a future date after the adoption of a General Plan by the Town and that a notice of public hearing he published in the official newspaper and a letter he sent to All residents within three hundred feet of the subject property prior to its being placed on a regular Town Council agenda . SECONDED by Councilman O'Brien. Councilman Fox stated that the Councilmembers deserved the same amount of respect as they showed when members of the public spoke. HP said that most of the Coiuncilmemhers also worked and had families in addition to attending meetings. Councilman Fox stated that he had telephoned Circle K and they had no intentions of constructing a facility at that location. HP added that there was a shopping center closer to the high school than the proposed site. Councilman Fox said that he did not want a strip-center there and that he was a member of the church located next to the property. HP added that MCO had put into the sale documents that the adjacent property was planned to he commercial and that they knew about it from the beginning. HP said that there were other types of commercial *0011) properties that could he developed there a nursing home facility or a mortuary. Councilman Fox stated that all the plans and discussions were with the community's best interest in mind and that Mr. .leppson was due an apology by the person that accused him of being dishonest because he was a very dedicated employee. Mayor Cu1t i l l o said that there was too mach premature concern. HP stated that the Town was paying for a general plan and it would he unfair to the community if it was not considered. Councilman Clark asked that the general plan process he explained . Mr. ,Teppson said that he and the consulting firm were going to meet with the Planning and Zoning Commission, the Council , and different groups in the community. HP said that , in January, two informational meetings were scheduled to identify issues in the community and to formulate goals and objectives for the general plan. Mrs . Donna Bayo stated that the concern with the public was protecting the area around the school . Mrs. Mary Wood said the item was on the agenda and that was why people had shown lip. Mr. Mike Ahatemarco agreed that the Town staff had been doing an excellent job. HP asked what the process was for approving the general plan . Mr. Nordin stated that the motion to table could cause a longer time before the proposed item could he before the Council again . Councilman Clark stated that land planners view development very differently than they did twenty years ago. HP felt that when the general plan was presented to the Town, they would probably propose a different 11Se than neighborhood commercial . Councilman O'Brien made a MOTTOI TO CAT.T. THE QUESTION. SECONDED by Councilman Hudson and CARRTED unanimously. Mayor Cuti 1 to asked the question. CARRTED unanimously. Minutes of the Regular Session of the Town Council 12/O5/91 Page 6 of 8 Mayor Ciitillo reressed the Regular Session at 9: 16 p.m. and opened the public hearing on the following agenda item: AGENDA TTFM #5 - HOLD A PUBLIC HEARING ON SPECIAL, 11SF PERMTT 91-09 FOR AN ELDERLY__ CARE HOME AT 17418 CALICO. There was no public discussion on this item. AGENDA TTFM #8 - SPECIAL USE PERMIT 91-09 FOR AN ELDERLY CARE HOME AT 17418 CALICO. Mayor Castillo reconvened the regular Session at 9: 17 p.m. Mayor Castillo Stated that staff needed approximately two weeks to address all the Councils questions tmm the work study session and stated that Council would entertain a motion to continue the public hearing and any formal Council action. Mayor Cuti l to asked if there was anyone who would not he able to attend the December 19 Council meeting hut there was no response. Vire Mayor Tibbetts made a MOTION that both the rnihlir hearing and Council action on the Special Use Permit 91-09 for an elderly rare home at 17418 Calico he CONTINUED until Thursday, December 19, 1 991 , at h:30 p.m. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM #9 - RESOLUTION 1991-49, A RRSOLUTTON OF THE MAYOR AND COMMON COIJNCTT, OP THE TOWN OF FOIJNTATN HILLS, ARIZONA, ABANDONING WHATEVER RiGHT, TTTLR, OR INTEREST TT HAS TN THOSE CFRTATN PIJRLTC IJTTT,TTY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE FAST AND SOUTH LOT LINES OF LOT 12, BLOCK 6, OF PT,AT 401-A FOUNTAIN HIII,S, ARiZONA, AS RECORDED TN BOOK 155 OF MAPS, PAGE 11 , RECORDS OF MARTCOPA COUNTY, ART7.ONA. This item was a part of the consent agenda. Mayor Cttti l to made a MOTION to approve. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM #10 - ORDINANCE 91-19, AMENDTNG CHAPTER 12 OF THE FOUNTAIN HILLS CODES DEALING WiTH TRAFFIC TO PROVTDR FOR 'l'HF DELEGATION OF AiJTHORTTY TO THE TOWN MANAGER OR HTS DRSTGNF.E TO PLACE AND MA1NTATN CERTAIN TRAFFIC CONTROL DEVICES,_ SIGNS AND SiGNALS. This item was a part of the consent agenda . Mayor Cuti l to made a MOTION to approve. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA TTFM #11 - CATJ, TO THE PUBLIC AND ADJOURNMENT Mayor Castillo made a call to the public. Mr. Richard Songer stated that there had only been a couple of items that the public had shown great concern over and this had been one of them. Mrs. Donna Ravo said that this was the third meeting that they had attended concerning this issue and they were ready for a decision to he made on it that night . She said that waiting a year would not make the situation any better. Mr. Ray Feller, Blackbird Drive, stated that Mr. Nordin and Mr. .leppson were both very professional and he felt that the comments that Minutes of the Regular Session of the Town Council 12/05/91 Page 7 of 8 had been directed at them that night were very uncalled for and hP appologi7ed to them for that person. Vire Mayor Tibbetts made a MOTION to adjourn. SECONDED by Councilman Clark and CARRIED unanimously.The Town Council adinnrned at approximately 9:25 p.m. TOWN OF FOUNT N HTT,T,S Ry. 1 l Il .Tohn . Cot i l l s, Mayor ATTEST: — -- (�l(L„) Cassie R. Hansen, Town Clerk PREPARED RY: _ _�� T,ari T,. Rr cher, Secretary CERTTFTCATTON T herehv certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills on the ith day of December 1991 . T further certify that the meeting was duly called and that a quorum was present. DATED this 1 .R'4•. day of .Tanury 1992. CA-4...L.L., 15. )14,4A-41A/L) Cassie R. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 12,/05/91 Page 8 of 8