HomeMy WebLinkAbout1993.0204.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 4, 1993
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor CudUo at 6:30
p.m., Thursday, February 4, 1993, 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 Vice Mayor Fox, roll call was taken. Present
for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor
Charlie Fox, and Councilmembers, Bill O'Brien, Peg Tibbetts, Wally Hudson, and Frank Clark. Councilman Mike
Minarsich arrived at 6:33 p.m. Also present were Town Manager Paul Nordin, Community Development Director
Gary Jeppson, Magistrate Shoob, Town Attorney Bill Farrell, Town Marshal Steve Gendler, Town Clerk Cassie
Hansen, and Administrative Assistant Marcia Jewett.
Mayor Cutillo said that all items listed with an asterisk (*) were considered to be routine, non -controversial matters
and would be enacted by one motion and one roll call vote of the Council. There would be no separate discussion
of those items unless a Councilmember or member of the public so requested. If a Councilmember or member of
the public wished to discuss an item on the consent agenda, they could request so prior to the motion to accept the
consent agenda. The item would be removed from the Consent Agenda and considered in its normal sequence on
the agenda. Typical items on the consent agenda include minutes, special event requests and easement
abandonments. All materials and prior approvals received from the Town Marshal and Fire Chief (for special events)
and all utilities and the Town Engineer (for abandonments) have been provided to and reviewed by the Council prior
to the consent agenda vote. Items on the consent agenda were:
AGENDA ITEM #2. - ACCEPTANCE OF THE MEETING MINUTES OF JANUARY 7, 9 AND 21, 1993.
This item was a part of the consent agenda. Councilman Clark requested two changes in the minutes of January 9,
1992 as follows:
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Councilman Clark MOVED the approval of the minutes of January 7, 1993, January 21, 1993 and January 9, 1993
as amended SECONDED by Mayor Cutillo and CARRIED unanimously.
AGENDA ITEM #3. - CONSIDERATION OF THE PERMANENT EXTENSION OF PREMISE PERMIT
APPLICATION SUBMITTED BY PETE URBON FOR BIG DADDY'S PIZZA. APPROVAL OF THIS
PERMIT WILL ALLOW THE ESTABLISHMENT TO PERMANENTLY EXTEND THE AREA WHERE
ALCOHOL MAY BE SERVED TO THEIR NEW PATIO.
This item was a part of the consent agenda. Mayor Cutillo MOVED to accept the extension permit request.
SECONDED by Councilman Minarsich and CARRIED unanimously.
AGENDA ITEM #4. - SELECTION OF THE VICE MAYOR. THE VICE MAYOR IS AN EIGHT MONTH
ROTATING POSITION TO BE HELD BY EVERY COUNCIL MEMBER. AVAILABLE FOR THE
POSITION AT THIS TIME ARE COUNCIL MEMBERS BILL O'BRIEN AND MIKE MINARSICH.
Councilman Minarsich said he already had the honor and pleasure of serving as the Towns Vice Mayor and
nominated Councilman O'Brien as Vice Mayor. SECONDED by Councilman Clark and CARRIED unanimously.
AGENDA ITEM #5. MONTHLY REPORT BY MAGISTRATE SHOOB.
Magistrate Shoob said Fountain Hills continued to have the best court in the State of Arizona. He asked the
Councilmembers for questions or comments regarding the monthly report and there were none.
AGENDA ITEM #6. - MANAGER'S REPORT
#6.A. Update on the Beeline Highway
Mr. Nordin said the agreement between the Arizona Department of Transportation (ADOT) and the Indian Tribe was
on the Indian Council's agenda for February 10, 1993 and ADOT and their consultants were hopeful to obtain
agreement from the Council.
#6.B. Status report on Scottsdale's proiect to widen Shea Blvd.
Mr. Nordin said the City of Scottsdale had decided to delay the improvement of the last segment of Shea Boulevard
until fiscal year 1996-1997. Dick Bowers, the City of Scottsdale's City Manager, informed Mr. Nordin there would
be no movement on the part of the Scottsdale City Council to reconsider. Councilman Minarsich asked if there had
been any communication with the administration at Mayo Clinic regarding the situation. Mayor Cutillo said he had
contacted Mayo Clinic and it was their opinion they would like to see the road widened to Fountain Hills but felt
they should not get into the political scene. Councilwoman Tibbetts asked if the plan called for six (6) lanes to
merge into the Towns' four (4), rather the County's two (2) lanes. This was answered affirmatively.
#6.C. Brief report (with possible instructions for the Manager on Council position) on the following house
bills:
H2205 Technical Professional Services - Mr. Nordin said House Bill #2205 dealt with the process and the Town's
ability to obtain consultants, engineers, etc. Mr. Nordin quoted the following from the House Bill: "Price shall not
be a consideration in the determination of the most highly qualified firm". "We must initiate an appropriately
qualified selection committee for each contract in accordance with rules adopted by the agent." Mr. Nordin said in
Minutes of the Regular and Executive Session of the Town Council 02/04/93
Page 2 of 10,
his view the restrictions were unrealistic and the State should not be placing these on the Town. The Bill had not
been scheduled for committee hearings and was not moving. Mayor Cutillo said the Town did not have to
necessarily take the lowest bidder but the lowest responsible bidder. Mr. Nordin said that was correct. Councilman
Hudson said a committee would need to be appointed and Mr. Nordin said that was correct.
H2227 Property Nonconforming Use - Mr. Nordin said even though the word "billboard" was not in this House
Bill, in past years it had been termed the 'Billboard Bill". The City of Mesa fought to be able to declare a
nonconforming use and get rid of it. This bill had gained more backing and was moving. There would be only a
few situations where it would be applicable with the current ordinances of Fountain Hills.
H2278 Paradise freeway Spending Limit - Mr. Nordin said H2278 was unconstitutional and would not meet the
rules committee. The companion Senate Bill #1076 shared a wide sponsorship and did a better job of doing what
Bill #2278 was attempting to do which was to limit the spending on the Paradise Freeway until everything was
accomplished. MAG had established the Paradise Freeway as a priority and Mr. Nordin felt it should be opposed.
It was against something that ought not be handled by the State Legislature but rather the executive council at MAG
who had the statutory authority to decide those issues. Councilman Fox asked if the Bill was moving and Mr.
Nordin said it was not but Senate Bill #1076 was. Councilman Clark asked if Senate Bill #1076 passed, would the
Paradise Freeway effort move ahead more rapidly and Mr. Nordin said it would. Councilman Clark asked where
the money would be obtained and Mr. Nordin said the Pima Freeway had funds and would go forward as scheduled.
Presently there were plans for the funding of several freeways. Mayor Cutillo said the Paradise Freeway would
improve the air quality and if the Federal Air Quality Standards were not met more money would be lost.
Councilman Fox asked where the exact route of that freeway was and Mr. Nordin said it would run east/west, north
of I-10, between Camelback and Indian School. Councilman Hudson asked if a legislative meeting date had been
set and Mr. Nordin said it would be set in the near future.
H2281 Economic Development - Mr. Nordin said he felt this Bill was not necessary since the Town had the
authority that was being asked and the league staff concurred If it were passed it would define the Town authority
to support an economic development effort more clearly. The Bill was moving.
#6.D. Report by Councilman Hudson on Senate Bill S1055, Tort Reform
Councilman Hudson reported that he had testified on behalf of the Town and the Municipal Risk Retention Pool.
One item beneficial to all municipalities was to change the Statute of Limitations to one (1) year. Emergency
medical technicians outside the corporate limits do not have insurance protection. Municipal ambulances had
insurance protection but private ones do not and by law, they should receive whatever immunity was granted to all
of them. He said that Arizona was the second highest state in the nation for liability claims paid in municipal cases.
There was a provision that would change the liability regarding walks, parkways, bike trails, etc. Currently any
possible degree of negligence would be grounds for a suit and the Bill would require there be a wanton negligence
in order to file a suit. Councilman Hudson felt this Bill was very important for the growth of Arizona. It had been
passed by the Senate Committee and was going to the House.
Mayor Cutillo switched Agenda Item #9 with Agenda Item #7.
Minutes of the Regular and Executive Session of the Town Council 02/04/93
Page 3 of 10.
AGENDA ITEM #9. - CONSIDERATION OF RESOLUTION 1993-6, SUPPORTING THE PASSAGE OF
ARIZONA SENATE BILL 1055 DEALING WITH THE TORT REFORM.
Councilman Hudson MOVED passage of Agenda Item #9, SECONDED by Councilman Fox and CARRIED
unanimously.
AGENDA ITEM #7. - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION BY KENT AND
GLORIA ODEKIRK FOR THE ALAMO SALOON. THIS APPLICATION REFLECTS A CHANGE IN
OWNERSHIP OF THE ALAMO AND TRANSFERS THE LIQUOR LICENSE TO THEIR NAME.
Mayor Cutillo asked if anyone wanted to explain why the liquor license and transfer thereof should be approved.
Councilman Minarsich MOVED to deny the request based on recommendations from the staff. SECONDED by
Councilman Hudson. Mr. Farrell suggested the motion and second be AMENDED to include the language
provisions from the state statute to specify that the applicant failed to give any reason showing why the public
interest would be served. Councilman Clark MOVED the AMENDMENT include "in all proceedings before the
governing body to a city or town, the board of supervisors of the county or the board, the applicant bears the burden
of showing that the public convenience requires public interest to the community and will be substantially served
by the issuance of a license". SECONDED by Councilman Minarsich. Mr. Farrell said the applicant failed to
present any evidence. Gloria Odekirk, owner of the Alamo, said she didn't understand the process and amendment.
Mayor Cutillo said the amendment stated the law the Council was acting under. Mr. Farrell said state law provided
that when the application for a new license or transfer was made, applicant was required to go to the municipality
where the establishment was located and give reason why the transfer would either be in the public convenience or
assist the community. The staff had recommended it would not be in the best interest, based on information provided
from the State Liquor License Department. Mr. Farrell asked the Odekirk's if they would like to state reasons why
it would be in the best interest of the Town. Mayor Cutillo said the Amendment was the only issue being acted
upon, not the motion, and asked the Odekirk's if they understood the Amendment. Gloria Odekirk said they received
a packet from the State Liquor Board but the packet did not explain they needed to come before the Board. Mayor
Cutillo said the Amendment would only include the passage in the Town Code that the Council was required to act
on if a disapproval of a liquor license was made. The amendment CARRIED unanimously. Mayor Cutillo said
there was a motion to disapprove the application for a liquor license transfer. Vice Mayor O'Brien asked what the
consequences would be if the liquor license were denied and when a transfer could be reapplied for. Mr. Farrell said
there was no restriction on the license itself but may be a restriction the State Department imposes on the applicant.
He was not aware of any statutory restriction stating it could not be reapplied for, that was purely advisory to the
State Liquor License and Control Board. Councilman Minarsich said the Council did not make the final decision.
The State Liquor Board would not consider a request to transfer on a permanent basis until either the local
jurisdiction made a recommendation or 45 days elapse. Gloria Odekirk said they took over on the 1lth, had tried
to clean up and wanted to make it a good business. Mayor Cutillo said normally a liquor license was routine. This
was the first time it had been discussed whether or not to approve a liquor license. Because a report was submitted
from staff which included a report from the County Sheriff and the Liquor Board that were not favorable, motion
to deny was made. Mr. Farrell said the staff report included two (2) violations at the local level: no residency in
terms of drivers license and no current business licenses. Those had been corrected. The Marshal became aware
of two (2) pending violations before the State Liquor Department and one incident from the Sheriff's office. The
law stated the applicant must show the Council that the best interest of the community would be served and it was
staffs' recommendation that the best interests were not being served. Vice Mayor O'Brien asked when the actual
date of transfer and effective date of operation occurred. Mr. Farrell said there was a state law provision for an
interim transfer so a business does not have to go out of existence while the liquor license was being transferred.
The interim license transfer was granted without a hearing or review by the state on the condition the applicant would
go through the formal process. Ms Hansen said the Town received the original application on January 15th from
the State; the State processed both the long application and the interim (which covered the Odekirks immediately)
Minutes of the Regular and Executive Session of the Town Council 02/04/93
Page 4 of 10.
at the same time on January 8, 1993. Councilwoman Tibbetts asked what the status of the application would be if
the remaining violations were indeed corrected. Mr. Farrell said the applicant would take the recommendation from
the Town Council to the State Department of Liquor License and a hearing would be set at which time the State
Department would make the final decision. The applicant needed to convince the Town Council and State Liquor
Department Board that they met the criteria It was not the burden of the Council to disprove their worthiness; it
was the Odekirk's burden to prove their worthiness. Kent Odekirk said there had been one violation on record of
running a bar tab totaling about $35.00. Gloria Odekirk said they had been accused of buying their inventory from
other stores in Town. The Liquor Board said they were in compliance with all the laws. Gloria Odekirk said he
did not know it was illegal to run a bar tab and they should have had the drivers license done but were unsure if they
would stay and they didn't have the money.
Councilman Fox asked who the owner of the Alamo Saloon was and Gloria Odekirk said they were on a permit
through April 22 and the State would decide if they would be given a permanent license. The Odekirk's were buying
the business, not managing it for someone else. Paul Kostura said he felt it was in the public's best interest for the
Alamo to change hands and he supported the Odekirks. Marshal Gendler said the staff recommendations were based
on the fact the State Liquor investigator notified the Town that administrative action was pending against The Alamo
Saloon and it occurred while it was being operated under the interim permit. Regardless of the action the Council
might take, the State Liquor Department would hold a hearing on behalf of the Odekirk's to decide whether or not
to grant the license permit. Councilman Clark asked Mr. Farrell if this could be tabled for a period of time to allow
any discrepancies to be cleared up. Mr. Farrell said the time frame consisted of a total of 45 days, there had already
been a posting for 20 days in which written complaints could be brought to the Clerk and no complaints were
received. The applicants indicated they were not familiar, although under oath they swore they were, and swore they
understood the law and gave oath they read and understood the liquor license laws. If action was not taken within
the 45 day period the Liquor Board would presume favorable recommendation was given. Councilman Clark asked
if the Council denied the license would that mean the Odekirks would not have an opportunity to come back to the
Council. Mr. Farrell said if they did not have an opportunity to come back to the Council they would have to go
to the Liquor Board. Councilman Minarsich said they were going to do that anyway. Mr. Farrell said even if it was
passed seven (7) to zero (0) they would still have to go to the Liquor Board for the final decision. Mr. Farrell said
the actual owner of the license was Harold E. Glasgow. The transfer of license was entirely separate from the
business itself. The Council was not approving the sale of the business, only the transfer of the license. Councilman
Minarsich asked Mr. Farrell if the license was passed, what infractions would there be in terms of liability. Mr.
Farrell said the license was issued by the State and if there was an issue over the licensing process it would have
to be from the State. The State Department of Liquor Control was the final body. John Evancho asked if the
Council voted this down, how much weight it would carry in denying the license to these people who come from
out of state to start a business and join our community and he felt they were trying their best. Mayor Cutillo said
he did not disagree with that but the issue was whether or not to recommend approval to people who continually
caused infractions and created more problems for the community. If there was a bar in town that continually had
problems the Town would have to pay for police protection to settle the matter. Mayor Cutillo did not have a
problem with a delay to give the Odekirk's the opportunity to correct the problems within the 45 day period Mr.
Farrell said more than 20 days had already passed but clearly it could be continued until the Council meeting on
February 18. Vice Mayor O'Brien MOVED to TABLE this until February 18. SECONDED by Councilman Clark.
Councilman Minarsich asked what was hoped to be accomplished during that time. Mayor Cutillo said he hoped
the Sheriff and the Liquor Board would come back with a more favorable report. Councilwoman Tibbetts asked if
the Liquor Board would have a hearing to resolve this during this time period. Vice Mayor O'Brien said the only
time period was two weeks before the next meeting and he would like to see if there were any further developments,
resolutions, actions or charges. Mr. Farrell said the applicant ought to be present at the meeting on February 18 with
a list of reasons why the license should be granted. The state law states it was the burden of the applicant to prove
to the Council they were worthy, not the Council's burden to prove to them they were unworthy. Mayor Cutillo
asked Marshal Gendler if a two week extension would clear up some of the issues. Marshal Gendler said the
extension and issues at hand would not change whether it was today or in two weeks. The Liquor Board would still
Minutes of the Regular and Executive Session of the Town Council 02/04/93
Page 5 of 10.
hold a hearing based on the administrative action that had been initiated by the State Liquor Board's own
investigators regardless of what the Council did. He said if the Council did not pass this, he would be at the State
Liquor Board hearing along with the State investigators to present information he had gathered. The information
was strictly based on the actions of the State Liquor investigator who was in Fountain Hills and had come up with
the violations. Nothing would be gained by waiting any longer except to make the Odekirk's wait another extra
week and it would not help or hurt their case. Councilman Fox said it would give them a chance to prepare a
presentation to the Council. Marshal Gendler said the Liquor Departments' investigator had initiated administrative
action which would take about two (2) months to clear up. The Odekirks' application to permanently transfer the
license would be prior to that. Marshal Gendler reported there was an administrative action initiated by the Liquor
Department not by the Marshal's Department and it fell under the statutes applied here. That was the reason for the
staff recommendation. Mayor Cutillo asked Mr. Farrell if he knew of any case where the State had postponed
hearings to provide time for actions to be cleared up. Mr. Farrell said they were under a public notice requirement
and chances are they would hold the hearing soon after the 45th day. Councilman Minarsich said it didn't make
sense to him for this to continue if there was going to be a hearing at the interim. It would not help the Odekirks
because their hearing would be before that date. Mr. Farrell said the administrative complaint would not be
processed into completion until after the Liquor License Control Board had heard the hearing on the license transfer.
Vice Mayor O'Brien said the dilemma was the favorable action would not improve their odds and unfavorable action
may add to their woes. He was reluctant to disapprove someone on the basis of a complaint of someone opening
a new business and was also reluctant to approve this against staffs' recommendation. Therefore he would like to
wait and see if anything else happened in two (2) more weeks. Councilman Fox said it was the Odekirks obligation
to convince the Council it would be a benefit to the community rather than a detriment. Gloria Odekirk said they
realized the State had the final say, they had been working 16 to 18 hours a day, hauled out ten loads of junk and
dirt, and they knew there had been fights. She signed a paper stating she understood the law and she probably
shouldn't have because she didn't understand the process here and as a citizen by rights she should. They felt they
were working real hard to clean it up but that someone didn't want them to have the license. She was very proud
of her husband who had worked hard and done good for the City of Fountain Hills. They had run the "Ugly
Bartender" contest and had won third in the State of Arizona, raising over $6,000 for MS last year, and had
participated and helped in the community. Mayor Cutillo asked Ms Odekirk if a two (2) week delay might help her
case. She said she could make a better presentation to the Council to show they wanted to try to run a good business
in Fountain Hills. Councilman Minarsich said he did not want to see action taken if it was going to run a business
out of town or put someone out of business. He said the Town had very capable staff that was trusted to make
recommendations to the Council and he wanted to express to the Odekirk's that this was not personal.
Councilwoman Tibbetts said she would be in favor of an extension so the Odekirk's could present their case. She
said the Council needed to know their attitude and plans so they could defend not only the decision but other
businesses in Town. MOTION to TABLE for two weeks CARRIED unanimously.
AGENDA ITEM #8. - CONSIDERATION OF RESOLUTION 1993-5, ADOPTING A CODE OF CONDUCT
FOR THE TOWN COUNCIL AND ALL BOARDS AND COMMISSIONS OF THE TOWN OF FOUNTAIN
HILLS.
Mayor Cutillo said this Resolution was requested by Councilman Hudson and himself. They hoped it would give
direction not only to this Council but future Councils and the supporting Boards and Commissions. Mayor Cutillo
MOVED acceptance of Resolution 1993-5 as written. SECONDED by Councilwoman Tibbetts. Vice Mayor
O'Brien said he did not have a problem with the code of conduct but thought some of the parameters were so
subjective that this was merely a position statement and could not be enforced. Mayor Cutillo said that the
Resolution was for direction, not compliance, on how the Council, boards and commissions should operate. A vote
was taken and CARRIED unanimously.
Minutes of the Regular and Executive Session of the Town Council 02/04/93
Page 6 of 10,
AGENDA ITEM #10. - CONSIDERATION OF ORDINANCE 93-04, AMENDING TOWN CODE CHAPTER
11 OFFENSES, ARTICLE 11-1 OFFENSES, SECTION 11-1-1 ABANDONED VEHICLES, BY REMOVING
THE REQUIREMENT FOR CURRENT REGISTRATION FROM THE DEFINITION SECTION
Marshal Gendler said the original intent of the Council had been to remove abandoned and junk vehicles on private
property not in compliance with the standards of the Town. During a court case, the word "required" after the word
"licensed" left a loop hole in the ordinance and if the vehicle was inoperable it was not required to be registered.
A junk or inoperable vehicle could sit anywhere on vacant lots or other parts of Fountain Hills as long as there was
no intention of taking it on the streets and didn't require a license. Therefore it did not fit the abandoned vehicle
definition and the Marshal's Department had no authority to take action. The change in the ordinance was requested
to comply with what was believed to be the Council's intent which was to remove eyesores, abandoned vehicles,
and junk vehicles in open areas. It would be necessary to close the loop hole in the existing ordinance by removing
the word "required" and leaving in expired plates and being inoperable. Councilman Fox MOVED approval.
SECONDED by Councilman Minarsich and CARRIED unanimously.
AGENDA ITEM #11. - CONSIDERATION OF COUNCH, SPONSORSHIP OF A TEXT AMENDMENT TO
THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO CREATE AN R1-5 ZONING
DISTRICT.
Mr. Jeppson said the area was located North of Ashbrook Wash between Fountain Hills and Saguaro Boulevards.
The R-2 area allowed for duplexes and limited multi -family developments and were being sold as duplexes and/or
condominiums. The minimum lot size was greater than the minimum ratio of dwelling unit to land. A resident
would be allowed to build on lots that could not be split, have attached units and the remaining lot would allow the
unit to stand alone on a lot. Mr. Martinson would like to construct attached units, then divide the lot with a housing
unit joined at a common wall and market the two separate units with the land. Because of the density ratio Mr. Watt
would like to split a lot in half, create a 40 foot wide lot, and place a single family detached house on it. The
current R-2 zoning district required a minimum of 6,000 square foot lot and a minimum width of 80 feet. The
development targeted for this zoning was typically 80 x 130 feet in dimension. The Commission had decided not
to be the sponsor of the Zoning Amendment so Mr. Martinson's option was to either apply for text amendment or
have the Council sponsor the text amendment. If such a district were adopted, the developer would need the
Planning and Zoning Commission, the Town Council or the owners of three fourths (3/4) of the land affected petition
the planning and zoning map to apply that zoning district to the map. Mayor Cutillo said Agenda Item #II was
consideration to create a R1-5 zone and that P & Z had denied that request. Mr. Jeppson said it was decided not
to sponsor an application to make the text change. Councilman Minarsich asked if the RI-5 zone would
accommodate Mr. Watts request and Mr. Jeppson said it would. Frontage would be 40 feet and the current
requirement was 80 feet. Mayor Cutillo asked what the lowest in Town was now and Mr. Jeppson said the RI -A
zone in Los Altos Hills allowed 30 foot widths to accommodate flag lots. Mr. Jeppson corrected his memorandum
to say the R-2 zone width was 60 feet not 80 feet. Councilman Hudson asked if this would change the lot sizes and
Mr. Jeppson said the end result would change the lot sizes. Councilman Hudson said a two family house with a
common wall could be built but there wasn't room to separate those on the lot under the present zoning. It should
be changed so that separate ownership could be established. Councilman Minarsich asked Mr. Jeppson if Staff had
investigated a way to accomplish the goal Mr. Martinson was trying to accomplish without allowing single family
homes with 40 foot frontages. Mr. Jeppson said they did but staff had not found a way to exclude the ability to
make two homes. Councilman Fox asked how many duplex lots were involved and Mr. Jeppson said it was the
ability to purchase individual lots throughout the area and be able to construct a unit. Councilwoman Tibbetts said
in zoning categories it was the basis of the land use and care should be taken with establishing that basis because
there could be an acceptable use of land. In this particular plat records showed the great majority of the most recent
buildings were for single family homes and were being upgraded and would improve the overall value of that area.
Councilman Clark said there were a number of single family residences being built on the 80 foot wide lots and
Minutes of the Regular and Executive Session of the Town Council 02/04/93
Page 7 of 10,
those would enhance the area He felt the project Mr. Martinson wanted to do would also enhance the area, not in
the structure itself but in ownership and he did not like the idea of allowing the construction of a single detached
house on a 40 foot lot because that would be counter -productive and would lead towards downgrade of the area.
The way it stood now he would not vote for it. Councilman Minarsich said he felt this would enhance the area but
his concern was the marketability of the proposal. Mr. Jeppson said what was being proposed in R-2 was maximum
coverage of 40% of space. Mayor Cutillo said he felt the ball game was being changed for the people who had
already owned property and he hesitated to do that unless they came to him and requested it. Councilwoman
Tibbetts said if there were a completely new plat being developed it would have a different approach but this was
an area that had been there for 20 years. She would want to hear from the residents of that area because it would
change the character of their neighborhood.
Councilman Fox said there would be three (3) distinct products in the area and it might detract from the value. He
also wanted input from the residents living there. Councilman Minarsich disagreed with the argument that it would
change the character of the neighborhood. Councilman Clark's concern was if the zoning was changed it would
allow splitting the lot to 40 feet and a product might be built that would be inferior to what was presently being built.
There would be no control if lot splits were allowed in two (2) and one was sold. There wouldn't be any assurance
it would be compatible to what was built next to it, it wouldn't be a zero lot line and the lot coverage would be
reduced from 50% to 40% constituting a smaller unit. Mayor Cutillo said the consideration was to see if the Council
would sponsor the zoning request. According to the stipulation in the agreement if the Council said yes, Mr.
Martinson would have the responsibility of going to the property owners in that plat. Mr. Jeppson said if it was
voted no, Mr. Martinson would file an application for the zoning district, go to the property owner and petition for
the map change not for the text change. Vice Mayor O'Brien said he didn't see the need to increase the zoning
category and he felt it should be left as is.
Councilman Minarsich MOVED that Council sponsor a text amendment to the zoning ordinance of the Town of
Fountain Hills to create a R1-5 zoning district. SECONDED by Mayor Cutillo. Gary Martinson presented his case.
He said he didn't want to change anything in the R-2 district but he did want individuals to buy their half and own
the land. He would like to offer the people the attached product and deed them the land and be able to offer the
same house, same square footage, for $17,000 to $20,000 less. He felt it was a good opportunity to provide high
quality, low density, affordable housing. Councilman Fox asked Mr. Martinson if he was requesting attached or
detached and Mr. Martinson said attached. Councilman Clark said he disagreed with what this would permit to be
done. Councilman Minarsich asked what staff found after the due diligence was done. Mr. Jeppson said because
of the option of going throughout the area and buying noncontiguous lots, staff was not able to find a way to allow
the attached unit and disallow the detached units. Mr. Jeppson said he felt the character of the occupant might
change by the type of units built and his concern was with the detached units, and the type of occupant and traffic
generation that such a unit would generate in that neighborhood that would not be seen with a duplex. Tom Henry,
Planning and Zoning Commission, presented pictures of duplexes and single family homes in that area and said he
felt unless it was something really significant, changing the zoning district didn't make much sense. He also felt
something this significant should come from the property owners in the area He didn't feel it was necessary to
change the zoning of the area. Growth would continue in single family homes and it would be economically feasible.
Councilwoman Tibbetts asked Mr. Farrell if he was aware of any type of zoning arrangement that would limit the
typical zoning criteria and the fact it would have to include building in a duplex. W. Farrell said there was no other
avenue to accommodate that because the minimum lots with setbacks and all other characteristics in the Code would
need to be changed in order to accommodate the single particular request. Cluster planning on a vacant piece of land
with a zero lot line could be presented to allow for densities and the small lot was the only other alternative. Mayor
Cutillo said he felt it was not the Town's responsibility to speak to the present residents of the area. Mr. Martinson
said he would talk with the residents. He felt this would be a win -win situation not only for himself but also for
the city, the land owners and the existing property owners. Mayor Cutillo asked Mr. Farrell what liability would
be created by in effect, lot splitting and up -zoning. Mr. Farrell said lot splitting was accomplished through a
legislative act or a variance. If a new zone was created the text amendment in and of itself would create no problem.
When applying it to new individuals it would take on a propensity for reduction. Mayor Cutillo said that would open
Minutes of the Regular and Executive Session of the Town Council 02/04/93
Page 8 of 10.
the door for existing property owners saying the property value had been reduced. Mr. Farrell said they would only
have an indirect reduction because they would have to ask for the zoning to be changed from the current R-2 to the
newly created RI-5. Councilwoman Tibbetts asked if the existing duplexes would automatically go into the R1-5.
Mr. Farrell said they would not and if a R1-5 was created, text would need to be written to include all conditions
to allow zoning label of RI-5. An individual could request their current R-2 to rezone to R1-5 and create two R1-5
lots. A vote on the text amendment was taken and the results were five (5) nay to two (2) aye votes. The motion
FAILED for lack of majority.
AGENDA ITEM #12. - CONSIDERATION OF COUNCIL SPONSORSHIP OF A ZONING MAP
AMENDMENT TO REZONE THAT AREA LOCATED NORTH OF ASHBROOK WASH EAST OF
FOUNTAIN HILLS BLVD. AND WEST OF SAGUARO BLVD.
This agenda item was a moot point.
AGENDA ITEM #13. - CONSIDERATION OF APPOINTING THREE MEMBERS TO THE BOARD OF
ADJUSTMENT TO FILL THE SEATS LEFT VACANT BY EXPIRED TERMS.
Mayor Cutillo MOVED to reappoint Mr. Earl Stavely and to appoint Paul Kostura and Samuel Nicholson as the
three (3) members of the Board of Adjustments. SECONDED by Councilwoman Tibbetts. Councilman Minarsich
said it was a difficult decision and all individuals who applied would have been welcome additions. Motion
CARRIED unanimously.
Mr. Farrell said Agenda Items 15, 16, and 17 would need more calculations with the new ordinance and engineer
and he requested a two (2) week continuance for the Executive Session and the Public action. Councilman Hudson
MOVED to TABLE Agenda Items 15, 16, and 17 for two (2) weeks. SECONDED by Councilwoman Tibbetts and
CARRIED unanimously.
AGENDA ITEM #14. - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE
BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS
BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE
ARIZONA OPEN MEETING LAW.)
Mayor Cutillo made the call to the public. Walt Franklin addressed the Council about his concern in last weeks
paper stating the Council voted to approve $35,000 to study Fountain Hills Boulevard. Half a dozen other people
had also questioned that statement and Mr. Franklin asked if a public statement could be made whether that was a
study or real engineering money. Councilman Clark made the statement that under the road district, there had been
a number of studies regarding Fountain Hills Boulevard. A study was being done to include engineering work
needed regardless of which alternatives were selected and would more accurately determine what each of the four
(4) alternatives would be. When the selection was determined it would be based on sound engineering data as well
as cost data
Minutes of the Regular and Executive Session of the Town Council 02/04/93
Page 9 of 10,
AGENDA ITEM #18. - ADJOURNMENT.
Mayor Cutillo called for a motion to adjourn. Councilman Minarsich MOVED to adjourn. SECONDED by
Councilman Clark and CARRIED unanimously. The Town Council adjourned at approximately 8:48 p.m.
ATTEST: -n., -,6 - L,,
Cassie B. Hansen, Town Clerk
PREPARED BY:
Marcia M. Jewett, Admin. Assisi.
TOWN OF FOUNTAIN HILLS
By:
J Cutillo, Mayor
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive
Session Meeting held by the Town Council of Fountain Hills on the 4th day of February 1993. I further certify that
the meeting was duly called and that a quorum was present.
DATED this 4f-� day of March 1993.
Cassie B. Hansen, Town Clerk
Minutes of the Regular and Executive Session of the Town Council 02/04/93
Page 10 of 10