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HomeMy WebLinkAbout1991.1219.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 19, 1991 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor John Cutillo at 6:30 p.m. , Thursday, December 19, 1991, in the Fountain Hills Town Hall, located at 16836 E. Palisades Blvd. , Building C, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Councilman Charles Fox, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, 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 Nick Dotterman, Community Development Director Gary Jeppson, Parks and Recreation Director Robin Goodman, and Peter Putterman for Town Clerk, Cassie Hansen. AGENDA ITEM #2 - MONTHLY REPORT BY CAPTAIN DAVE HENDERSHOTT, MARTCOPA SHERIFF DEPARTMENT. Captain Hendershott distributed the monthly report to the Council, stating that there had been an excessive number of thefts, several of which had been solved, committed by juveniles. Ten percent of the citations had resulted from traffic surveillance on Fountain Hills Boulevard. He said that Sycamore Drive had been chosen as a selective enforcement area the past month. Captain Hendershott reported that forty-seven percent of the tickets were written for speeding, nineteen percent for registration and driver's license and twenty-two percent for insurance violations. Patrol activity was being increased on Golden Eagle Boulevard. Captain Hendershott said that the department wanted to formulate a Community Policing Committee that would be made up of many entities within the community and help guide law enforcement in the direction it wanted to go. Captain Hendershott said that the committee would meet once a month and would be a problem solving group, not a command group. AGENDA ITEM #3 - PRESENTATION OF PLAQUE TO WENDY MUELLER, OUTGOING MEMBER OF THE PARKS AND RECREATION COMMISSION. Mayor. Cutillo presented a plaque to Wendy Mueller for outstanding service to the Fountain Hills Parks and Recreation Commission. AGENDA ITEM #4 - APPOINTMENT OF BRIAN LITZ TO THE PARKS AND RECREATION COMMISSION. Mayor Cutillo said that Brian Litz was recommended by his peers on the Mayor's Minutes of the Regular Session of the Town Council 12/19/91 Page 1 of 8 Youth Council . Councilman Fox made a MOTION to appoint Brian Litz to the Parks NI) and Recreation Board for the term of one year commencing at the next monthly meeting. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. Mayor Cutillo introduced Brian Litz to the Council . AGENDA ITEM #5 - TOWN MANAGER'S REPORT. #5.A.1. - Update on Governor's Department of Highway Safety grant application for highway signage. Mr. Harrel said that the grant application was the same grant that the Town was awarded last year for the street name signs. He stated that this year's request contained three items, a striping machine, barricades, cones, and detour signs, and the third item was traffic counters and traffic tally board. Mr. Harrel said that the grant money could be used for limited purposes and could not be used for construction. #5.A.2. - Update on Golden Eagle Park construction project and the Heritage Fund grant. Mr. Nordin said that he and Ms. Goodman had attended a meeting of the committee that had the authority to administer the grant. He said they made a presentation requesting permission to use the value of the land as matching funds in each of the next two years and had obtained permission to do so. They stated that the land value had to be used before other monies. Councilman Minarsich asked when the land would be deeded over to the Town and Mr. Nordin stated the transaction should be complete by the end of January. Vice Mayor Tibbetts asked if the grant period was the same as the Town's fiscal year and Ms. Goodman said that it was due approximately June 1. Councilman Clark asked what date the grant year started. Ms. Goodman said it was a combination of what was demonstrated in the grant application and when title to the land was received. Councilman Fox added that the money did not have to be spent within twelve months. Mr. Nordin stated that the $301,250 the grant, would be the cash fund this year and the project would begin with that. He said that the difference between that figure and the land value of $468,500, would be the matching funds the Town would show in next year's grant application. He added that there would also be S.R.P. aestetics fund of $79,000 and whatever school district funds that would be available next year. #5.A.3. - Update on Dimension Cable construction project. Mr. Harrel introduced Allen Sparks, Jerry Anstein and Tom Flaaen from Dimension Cable. Mr. Harrel displayed a map of Fountain Hills and the planned construction of the system. He said that zone one, phase one, considered ten percent completion, was required to be completed on September 30 and had been. Mr. Harrel said that zone one, phase two, the northeast corner of town, considered thirty-five percent completion, required to he completed on January 31 , had been completed ahead of schedule. Zone two, the northwest corner of town, considered sixty-five percent, was scheduled for completion in June 1992. Mr. Harrel said that zone three was the southwest corner of town and it was a part of the one hundred percent complete figure. He added that they were currently in the process of getting permits for that section. Mr. Harrel said that zone four was the southeast area of town, scheduled for completion on September 30, 1992. Mr. Flaaen made a brief presentation explaining that the parts of the system that had been completed had been tested and all the complaints had been answered. He said that there was Minutes of the Regular Session of the Town Council 12/19/91 Page 2 of 8 approximately twenty-four miles of system in zone two and all but about 1,700 4111, feet of trenching had been completed. He stated that they were forty-five days ahead of their scheduled completion dates. Councilman Hudson asked what the public comments had been on the reception and he said there were very few negative comments. Councilman Clark asked if everyone in Phase T had been approached and had the new system if they had signed up and Mr. Flaaen said yes. #5.A.4. - Setting Council meeting dates for January. Mayor Cutillo said that this item had already been discussed. He said that the first week's meeting had been eliminated. #5.A.5. - Establishing appointment procedures to fill vacancies on boards and commissions. Councilman Fox made a MOTION that for all appointed boards of the Town, the selection process be that for upcoming term expirations, that six weeks prior to the expiration, a letter would he sent to the incumbent informing them of the expiration date and asking them if they would like to be considered for re-nomination and to notify them that in the following week's paper, it would he publicized for any and all applicants to submit their application. SECONDED by Councilman Minarsich. Councilman Fox said that the purpose of the motion was to take the staff out of the middle of working with a board that they don 't appoint and open the playing field for all citizens, that if they would like to serve, their application would be considered by the Council just as any other citizen would be considered. Motion CARRIED unanimously. AGENDA ITEM #6 - PUBLIC HEARING ON THE PROPOSED REZONING OF THE AREA TO BE KNOWN AS PLAT 509 THAT IS LOCATED EAST OF MONTEZUMA BOULEVARD. THE REZONING REQUEST IS FROM THE CURRENT R1-10 ZONING DISTRICT TO A NEW ZONING CLASSIFICATION OF "RUPD". Mayor. Cutillo called the public hearing to order at 7:22 p.m. Mr. Jeppson stated that MCO was proposing to replat plat 507C and a portion of plat 507D that was east of Montezuma Boulevard, from an R1-10 to an R.IJ.P.D. He said they proposed to replat the current 74 lots to develop into 46 residential lots. Mr. Jeppson said that the developer wanted to change the rear yard setback from twenty-five feet to twenty feet, the distance between buildings from fifteen feet to ten feet, and to change the minimum lot width from eighty feet to sixty feet. Mr. Jeppson said that Planning and Zoning had recommended approval . Mayor Cutillo called for favorable comment from the public. Mr. Rielli stated that he would answer any questions. Mayor Cutillo called for any oppositional comment. Mayor Cutillo called the public hearing closed at 7:26 p.m. reconvening the Regular Session at 7:27 p.m. AGENDA ITEM #7 - DISCUSS AND POSSIBLY ACT UPON THE REZONING RECOMMENDATION OF PLAT 509. Councilman Minarsich made a MOTION to accept MCO's rezoning request for Plat 509 from R1-10 to R.IJ.P.D. Z91-05. SECONDED by Councilman Fox and CARRIED unamimously. 410, Minutes of the Regular Session of the Town Council 12/19/91 Page 3 of 8 Mayor Cutillo recessed the Regular Session at 7:28 p.m. to go into a Public Hearing for: 14) AGENDA ITEM #8 - PUBLIC HEARING ON THE PROPOSED AMENDMENT TO THE HTLLSiDE DEVELOPMENT STANDARDS TO EXCLUDE LOTS 18,000 SQUARE FEET OR LESS FROM THE MAXTMIJM LOT DISTURBANCE PROVISIONS OF THE HILLSIDE DEVELOPMENT STANDARDS. Mayor Cutillo called the Public Hearing to order at 7:29 p.m. Mr. Jeppson stated that the Planning and Zoning Commission had held a public hearing on the above referenced topic. Mr. Jeppson said that staff had received a number of complaints from people who found it very difficult to develop their lots that were subject to the hillside development standards. He said that after the public hearing, the public testimony was all in favor of the request. Councilman Minarsich asked for clarification on the request. Mr. Jeppson stated that there would be no maximum limitation on the percentage of allowable disturbance on a lot 18,000 square feet or less. He said that they would be allowed to disturb up to one-hundred percent of the lot, subject to the other hillside development standards provisions. Councilman Hudson asked if staff's grading policy was consistent . Mr. Jeppson stated that the Building and Safety Department was using the Universal Building Code Standards and tried to stay consistent. He said that staff had recommended a total maximum allowable disturbance of fifty percent. Mayor Cutillo called for anyone in the audience to speak in favor of the request. Ms. Chris Sercue, Kingsway, spoke in favor of the request. She said that in designing her home, they found that they were over the allowable percentage and would not he able to have any area for recreation if they stayed within the allowable disturbance percentage. Mr. Dale Phillips, 16238 Keymar, stated that in 1988 he purchased a lot on Winchester and they had a problem fitting a 2, 100 square foot home on his lot, because it was a hillside lot. Mr. Phillips explained his situation with the adjacent properties. Mr. Gordon Pittsenbarger, 17418 Calico, said he had been a builder in Fountain Hills for the past seven years and felt that. the Town had lost many residents to other areas of the valley because they could not build the home they wanted here. He explained that most of the hillside lots backed up to washes and the request should not hurt the town aesthetically. Mr. Jim Serene, Kingsway, explained briefly the master planning process and zoning within the community. He stated that the hillside lots were everywhere in Fountain Hills and that they were looking for uniformity in the simplest manner. Mayor Cutillo then called for persons opposed to the request. Mayor Cut.illo called the public hearing closed at 8:04 p.m. , reconvening the Regular Session at 8:05 p.m. AGENDA ITEM #9 - DISCUSS AND POSSIBLY ACT UPON THE AMENDMENT OF ARTICLE XXiV. , SECTION 24.6(1)(a) OF THE FOUNTAIN HiLLS ZONING ORDINANCE TO EXCLUDE LOTS 18,000 SQUARE FEET OR LESS FROM THE MAXIMUM LOT DISTURBANCE REQUIREMENTS OF THE HILLSIDE DEVELOPMENT STANDARDS. Councilman Hudson made a MOTION that the request be approved. SECONDED by Councilman Clark. Councilman Minarsich stated that he had heard the Committee of Architecture mentioned frequently during the discussion, saying that Mr. Farrell had advised the Town not to consider them when making a decision. He said that he could not support a 100% lot disturbance and that staff's Minutes of the Regular Session of the Town Council 12/19/91 Page 4 of 8 recommendation was up to 50%. Councilman Minarsich said perhaps people do move here because of the strict standards that keep the local aesthetics. He said that staff, in cooperation with the Commission, was currently in the process of examining the possibility of relating physical parameters such as retaining wall height , cut and fill requirements and all other related matters. Councilman Minarsich continued that this proposal. was premature and should not he considered before the completion of studies currently underway. Vice Mayor Tibbetts asked how many requests for variance hearings had been submitted for this problem. Mr. Jeppson responded that he did not recall any for lots of the 18,000 square feet and under category. Councilman Fox asked Mr. Pittsenbarger if he thought a fifty percent limit would prevent a problem. Mr. Pittsenbarger said that the increase would give great relief, however, it probably would not be enough of an increase. Councilman Fox stated that he could not agree with a 100% disturbance either. Mr. Jeppson said that it was the change of contours that was referred to as disturbance in the hillside areas. Councilman Clark asked how much of a problem it was in changing from 15,000 to 18,000 square feet in size. Mr. Bob Thomas responded that the Commission's vote was five to one in favor of the amendment. Mr. Thomas stated that he did not feel that the timing was proper for this issue. He added that it was an extremely complex issue and should not be rushed in to. Mr. Thomas said they should have a final plan for the Council in the spring of 1992. Vice _Mayor Tibbetts said everyone on the Council was concerned with arbitrary regulations. She said consideration should be given to how people with this problem could he helped. Mr. Nordin asked Mr. Jeppson how many variance requests there had been and the results. Mr. Jeppson said that there had been a total of three and they had all been granted. Councilman Minarsich stated that in the two years that the Town had been incorporated, there had not been such a request, and he did not see an urgency. Councilman Minarsich stated he would (1110 like to MOVE THE VOTE. SECONDED by Councilman Fox and CARRIED unanimously. The motion to accept the amendment. was DEFEATED, six nay votes to one aye vote, Councilman Hudson casting the aye vote. Mr. Nordin requested that the Council give a statement to the Commission. Councilman Clark stated that the Commission should base their decision on the outcome of the studies. Councilman Minarsich requested that in future packets, the author should be identified. Mr. Thomas said it was the intention of the Commission to proceed with the revised 1992 planning ordinance. Mayor Cutilio recessed the Regular Session at 8:45 p.m. and opened the public hearing on the following agenda item: AGENDA ITEM #10 — PUBLIC HEARTNG ON THE ISSUANCE OF SPECTAL USE PERMIT 91-09 FOR AN ELDERLY CARE HOME AT 17418 CALICO. Mr. Nordin stated that staff had thoroughly studied this application and he had reviewed the past presentations staff had made. Mr. Nordin said that Mr. Farrell had delivered an opinion that significantly questioned the Town 's ability to provide any regulation to this type of facility, other than the spacing of the homes. Mr. Nordin said that staff recommended the permit be approved along with the appropriate ordinance revision that would bring the code in line with what the U. S. Congress required. Mayor C,itillo asked for anyone to speak favorably on the request and Mrs. Ziehart, the applicant spoke. She said that they had Minutes of the Regular Session of the Town Council 12/19/91 Page 5 of 8 complied with all the necessary requirements and invited the Council to visit the facility after it opened. Mayor Cutillo requested that any one in opposition speak. Ms. Donna Bayo said she was concerned that there were single and multiple family areas and questioned why this exception was being allowed. Mr. Dotterman said the Federal Fair Housing Act required that handicapped people may not he treated any differently from any other residents . Councilman Minarsich said that Council had received a descenting opinion from Life Care Center of Scottsdale. Councilman Minarsich asked who regulated the facility, Mr. Nordin said the State does. Councilman Minarsich asked who dispensed the resident 's medications, Mr. Nordin said a state certified resident. Vice Mayor Tibbetts said that she had spoken to someone from the Life Care Center and she said that the Council would need to respond in letter form. Ms. Jackie Wook spoke, stating that she had some concerns with this type of facility. Mayor Cutillo declared the public hearing closed at 8:5.5 p.m. AGENDA ITEM #11 - DISCUSS AND POSSIBLY ACT UPON SPECIAL USE PERMIT 91-09 FOR AN ELDERLY CARE HOME AT 17418 CALICO. Mayor Cutillo reconvened the regular session at R:.56 p.m. Councilman Fox made a MOTION that, since it was the opinion of staff and legal counsel that the denial of the request would be in violation of Federal Law as it currently stood, they accept the application for the permit and the applicants upon being issued a business license for the Town of Fountain Hills, be granted their application. SECONDED by Mayor Cutillo. Councilman Fox re-iterated to Mrs. Ziebart that she had to he state certified before her business license issuance. Councilman Clark requested that Councilman Fox restate his motion. Councilman Fox restated his MOTION as follows: He moved that they be allowed to have the business permit subject to the section stating that they do need state certification license number. SECONDED by Councilman Clark. Mayor Cutillo called for a vote on the question and Councilman Clark made the MOTION. SECONDED by Councilman Minarsich and CARRIED unanimously. Mayor Cutillo called for a vote on the motion which • CARRIED unanimously. AGENDA ITEM #12 -DISCUSS AND POSSIBLY ACT UPON THE PROPERTY OWNERSHIP DECISION ON THE OPEN AREAS OF GOLDEN EAGLE ESTATES INCLUDING THE POSSTRTLTTiES OF TOWN OWNERSHIP OR A HOMEOWNERS ASSOCIATION OWNERSHIP. Councilman Minarsich made a MOTION to accept property ownership under the Town auspices of Golden Eagle Estates ' open space. SECONDED by Vice Mayor Tibbetts. Councilman O'Brien stated that there was always the possibility of future public ownership, if private ownership was not feasible. Councilman Hudson stated that he did not feel that anything the Council would pass would set a precedent. He said that the Town had a loss-control committee and one of it 's functions was to arrange for inspection of town-owned property on a regular basis including the vacant land. Mayor Cutillo stated that the Council did set precedent when they acted. Mayor Cutillo said that he saw no reason for the Town to own land just because it was available. Councilman Minarsich said that the Parks and Recreation Department was examining land such as this for local neighborhood and community wide use. He said that they were also currently Minutes of the Regular Session of the Town Council 12/19/91 Page 6 of 8 looking at taking over all the MCO owned arroyo areas in the community. Vice Mayor Tibbetts stated that there may he a solution by splitting the property ownership, the Town own the open space and the developer own the landscaped common areas . Mr. Nordin stated that MCO had suggested that they would maintain the areas for a period of two years or until eighty percent of the lots were sold, whichever came first. HP said the Council was at liberty to deny or alter the conditions of the proposed agreement. Mr. Rielli said that the Council 's decision would he what MCO would do at recordation of final plat. He said if it was completely unacceptable, they would form a home owners ' association. Vice Mayor Tibbetts stated that the open areas had a public value and use, the landscaped areas were an amenity for that subdivision. Mr. Nordin said the Council should propose what they feel would be appropriate for the ownership and let MCO decide whether they accept it or not. Councilman Clark asked if the land would he suitable to he a part of the Parks and Recreation plan. Councilman Fox said that Ms. Goodman said this area probably would fit into a larger, overall plan. Councilman Clark AMENDED THE MOTION to add that the areas along the road, the landscaped common areas, not he taken over by the Town until eighty percent of the lots have building permits issued. SECONDED by Councilman Minarsich. Mr. Rielli stated that MCO would not agree to tying building permits to the maintenance and that they would form a home owners ' association. The amendment CARRTRD with a vote of five aye votes to Mayor Cutillo and Councilman Clark's two nay votes. The ORiGTNAL MOTION CARRIED with a majority vote of four aye to three nay votes as follows: Councilman O'Brien nay Councilman Hudson aye Councilman Clark nay Vice Mayor Tibbetts aye Councilman Minarsich aye Councilman Fox aye Mayor Cutillo nay AGENDA ITEM #13 — PURSUANT TO A.R.S. 38-431.02.A.t AND A.R.S. 38-431 .03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR DTSCUSSTON OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTTON, DISMISSAL, SALARIES, DiSCIPLTNTNG OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYER OF ANY PUBLIC BODY, EXCEPT THAT WTTH THE EXCEPTION OF SALARY DTSCUSSTONS, AN OFFICER APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DTSCUSSTON OR CONSIDERATION OCCUR AT A PUBLIC MEETTNGJ AND FOR DISCUSSION OR CONSULTATION WiTH THE ATTORNEYS OF THE PUBLIC BODY TN ORDER TO CONSIDER ITS POSITION AND TNSTRUCT iTS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION, RESPECTIVELY. Vice Mayor Tibbetts made a MOTTON to go into executive session. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #14 — CALL TO THE PUBLIC. Mayor Cutillo made a call to the public. Mr. Steve Gendling said that Fountain Minutes of the Regular Session of the Town Council 12/19/91 Page 7 of 8 Hills had a good reputation around the state for being a progressive and harmonious community. He commended the Council on their good attitude and policy and reminded them that Mr. Nordin and his staff were responsible for carrying out the Council 's recommendations. AGENDA TTEM #15 — GO INTO EXECIJTTVE SESSTON/RRTIJRN TO REGULAR SESSION. The Council adjourned regular session and went into executive session at 9:25 p.m. The Council returned to regular session at approximately 11 : 10 p.m. AGENDA ITEM #16 — DISCUSS AND POSSIBLY ACT UPON A MERIT PAY INCREASE FOR THE TOWN MANAGER. Councilman O'Brien made a MOTION to approve a salary increase of $500 per month, effective April 1 , 1992. SECONDED by Councilman Clark. Mayor Cutillo stated that the raise would be effective until July 1993, therefore there would he no raise at the next review period. Councilman Minarsich said that there would he a review on May 1 . Motion CARRTED unanimously. AGENDA 'ITEM #17 — ADJOURNMENT. Councilman Hudson made a MOTION to adjourn. SECONDED by Mayor Cutillo and CARRIED unanimously. The Town Council adjourned at approximately 11 :21 p.m. TOWN j F01 TN HILLS By: A _ John/'M. Cutillo, Mayor ATTEST: Peter P tterman, or the Town Clerk GPel7 PREPARED BY: Lari i,. Bratcher, Secretary CERTIFICATION T hereby 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 19th day of i)ecember 1991 . T further certify that the meeting was duly called and that a quorum was present.. DATED this I (017k, day of January 1992. /1 . Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 12/19/91 Page 8 of 8