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HomeMy WebLinkAbout1993.0316.TCWSM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 16, 1993 A public work study session of the Fountain Hills Town Council was convened and called to order by Mayor John Cutillo at 6:30 p.m., Tuesday, March 16, 1993, in the Council Chambers of the Town Hall Offices located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. Present were the following members of the Fountain Hills Town Council: Mayor John Cutillo and Councilmembers Wally Hudson, Charlie Fox, Peg Tibbetts, and Frank Clark. Vice Mayor Bill O'Brien arrived at 6:33 p.m. Councilman Minarsich was absent. Also present were Town Manager Paul Nordin, Director of Community Development Gary Jeppson, Parks and Recreation Director Robin Goodman, and Town Clerk Cassie Hansen. AGENDA ITEM #2 - DISCUSSION OF CHAPTER 8 OF THE PROPOSED ZONING ORDINANCE, OUTDOOR LIGHTING CONTROL. Mr. Jeppson said there had been concerns from citizens regarding incandescent 150 watt or less bulbs not being shielded or filtered where the lights were concentrated, particularly in condominium complexes. A great deal of discussion followed. Individuals from the public who added comments and concerns were: Donna Bayo, Ed Woodley, Stan West, Bruce Hansen, and Peter Putterman. Mr. Nordin suggested restricting the concentration and regulating the number of lights. Until further study can be done, the verbiage in Chapter 8 - Outdoor Lighting Control, 8.03B., page 8-3 would be changed to, 75 to 150 watt would be partially shielded, 60 watt and below would be non -shielded. Page 8-4, 8.04C. would be changed to conform with the previous change above. Page 8-4, 8.05A. - It was clarified that if a fixture was nonconforming prior to incorporation, incorporation did not make it legal. Page 8-6, 8.06A.2. - Changed to read "All other individuals intending to install outdoor lighting fixtures shall adhere to the restrictions in this Chapter and the Uniform Building Code, if applicable." Mr. Nordin said it had been suggested the Council meet two (2) weeks from tonight to address the sign code. AGENDA ITEM #5 - ADJOURNMENT. Mayor Cutillo adjourned the Town Council Work/Study session at approximately 8:00 p.m. By: ATTEST: �_6- Cassie B. Hansen, Town Clerk CERTIFICATION TOWN OF r 7LS 17-27 ��w John Cut';,)'Aayor PREPARED BY: .��r ��� �� , Marcia M. Jewett, Admin. Assist. I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Work/Study Session held by the Town Council of Fountain Hills on the 16th day of March 1993. I further certify that the meeting was duly called and that a quorum was present. Ap DATED this day of r, `, 1993. Cam. 6. Cassie B. Hansen, Town Clerk Minutes of the Work\Study Session of the Town Council 03/16/93 Page 1 of 1 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 18, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, March 18, 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 Councilman Fox, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Bill O'Brien, and Councilmembers, Charlie Fox, Peg Tibbetts, Wally Hudson, Frank Clark and Mike Minarsich. Also present were Town Manager Paul Nordin, Community Development Director Gary Jeppson, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Associate Planner Loras Rauch, 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. - CONSIDERATION OF THE MEETING MINUTES OF FEBRUARY 18TH MARCH 2ND AND 4TH, 1993. This item was a part of the consent agenda AGENDA ITEM #3. - CONSIDERATION OF RESOLUTION 1993-11 ABANDONING WHATEVER RIGHT TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AFFECTING ALONG THE REAR AND WEST LOT LINE OF LOT 3 BLOCK 4 OF PLAT 505-A FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 40, RECORDS OF MARICOPA COUNTY, ARIZONA; AND DECLARING AN EMERGENCY This item was a part of the consent agenda Mayor Cutillo MOVED to accept the consent agenda items. SECONDED by Councilman Fox and CARRIED unanimously. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor O'Brien aye Councilman Clark aye Councilman Hudson aye Councilman Fox aye Councilman Minarsich aye Councilwoman Tibbetts aye Minutes of the Regular Session of the Town Council 03/18/93 Page 1 of 6 . AGENDA ITEM #4. - CONSIDERATION OF FORMING AN AIR QUALITY TASK FORCE TO ADDRESS THE GROWING PROBLEM OF AIR POLLUTION IN THE PHOENIX METROPOLITAN AREA. Mr. Nordin asked to form a task force, under his direction, to determine if there was anything of significance that could be done to aid the air pollution problem in the Phoenix metropolitan area. After the task force was assembled, a background study would be done and the MAG staff would review the issues. Mr. Nordin would then present the issues to the Council. He said this item did not require action. Councilman Clark asked how large the group would be and Mr. Nordin said no more than five (5). Councilman Clark suggested that the people interviewed for the Parks and Recreation be considered as they were very qualified and might desire to contribute in this area. Councilman Hudson suggested obtaining people who had not applied but had a background that would be helpful. Mr. Nordin said an announcement could be put in the paper. Mayor Cutillo asked what would be accomplished. Mr. Nordin said he didn't know but anticipated one of the first goals was to determine what could be done. Mayor Cutillo didn't want people put on committees, causing them to become frustrated because there wasn't anything that could be done. Councilwoman Tibbetts said there might be something preventive that could be done. Mr. Nordin announced that there had been a favorable staff recommendation from Maricopa County Transportation Staff to award Fountain Hills $2.2M for work on Fountain Hills Boulevard. It still needed to go through the transportation advisory committee and be approved by the board of supervisors. The project was tentatively put in the 1997-1998 fiscal year. AGENDA ITEM #5. - UPDATE ON THE BEELINE HIGHWAY. Mr. Nordin said the Indians and the Arizona Department of Transportation (ADOT) had run into an impasse in their negotiations to complete the final agreement for the Beeline Highway work. The Indian Tribe wanted sole source contracting to be in place so their company could provide the sand and gravel necessary for the project. There had been ways in the past to get around that but that loophole was not available to them. Mr. Nordin presented a letter to the Council written by ADOT to the Federal Highway Administration that requested help in overcoming the impasse. Mr. Nordin and staff would be in contact with two of the national congressional delegations and ADOT to see what could be done. Councilman Hudson asked if the new land fill was proposed in the immediate future. Mayor Cutillo responded that it was October and that shouldn't impede the progress. He asked if staff had contacted ADOT to determine what negotiations were going on and if bids would be put out if indeed the Indians were the low, or equal to the low, price. Mr. Nordin had made that suggestion to Dallas Saxton. Mr. Saxton told Mr. Nordin the Indians were not willing to take that into consideration. Mr. Nordin said he would keep the Council abreast of what could be done. AGENDA ITEM #6. - CONSIDERATION OF APPROVING PHASE II OF THE GOLDEN EAGLE PARK MASTER PLAN IMPROVEMENTS. A memorandum with charts had been presented to the Council prior to the meeting. Mr. Nordin asked for the Council's approval on the Phase II construction items. He explained while it would expend a good deal of money, it would not increase the amount of Park that would actually become used. There wouldn't be any new softball fields added but the concession stand and lighting would be added and provide a further completion to the existing amenities constructed in Phase I. Mr. Nordin recommended that Council favorably consider the Phase H amenities. Councilman Hudson asked how Phase U would be budgeted. Mr. Nordin said the funding would be from a Heritage Grant (Grant) yet to be received. It would be budgeted in the coming fiscal year while assuming the Grant would be received. If the Grant was not received, the expenditures would not be made. Councilman Hudson asked if any Minutes of the Regular Session of the Town Council 03/18/93 Page 2 of 6 , funds would come from the Town in the next fiscal budget year. Mr. Nordin said non -grant funds, some of the engineering work, depending on the timing, might need to be expended in addition to the $100,000 that was already budgeted. Instead of waiting for the next Grant to pay the engineering costs, the Town would pay it from their own funds in order to expedite the process. Councilman Minarsich asked for clarification on the playground equipment. Parks and Recreation Director Robin Goodman said there would be two (2) separate designated playground areas: one for smaller children and one for larger children. It had not been determined which would be built first. Councilman Minarsich MOVED to approve Phase II of the Golden Eagle Park Master Plan improvements. SECONDED by Councilman Fox and CARRIED unanimously. Mayor Cutillo recessed the regular Town Council meeting at 6:53 p.m. and declared the public hearing open. AGENDA ITEM #13. - PUBLIC HEARING ON ORDINANCE #93-06 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE A "R1-10 RESIDENTIAL UNIT PLANNED DEVELOPMENT #Z93-03" ZONING DISTRICT AND AMENDING THE OFFICIAL ZONING DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS ARIZONA PURSUANT ARTICLE XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF AN AREA OF APPROXIMATELY 56 ACRES LOCATED NORTH OF SEGUNDO DRIVE, WEST OF LA MONTANA DRIVE, EAST OF FOUNTAIN HILLS BLVD., AND SOUTH OF THE EL LAGO BLVD. ALIGNMENT; FROM "R4" TO "R1-10 RESIDENTIAL UNIT PLANNED DEVELOPMENT #Z93-03". Mayor Cutillo asked for public input in opposition to granting the rezoning request. Mike Peacock, E. Segundo Drive, asked for background information. Mr. Jeppson said the area was zoned R-4 and it had been proposed that residential units be built with a ratio of one (1) unit to every 2,000 square feet of land. The applicant was asking for the land to be rezoned to a single family residential zone that would allow one (1) single family unit for every 10,000 square feet. Applicant had submitted a plat to the Town for a 75 lot sub -division which was currently going through the review process. Applicant was requesting this be rezoned from multi -family to single family and requested an RI-10A zoning district to allow all things in the R1-10 zone, using the same set back standards except the maximum lot coverage would be 40% rather than 30%. Mr. Peacock asked why 40% instead of 30%. Mr. Jeppson said the R1-4 allowed 50% coverage on the lot, the minimum ratio was 2,000 square feet of land for every unit. With a 6,000 square foot lot, 3,000 square feet would be the housing unit and would accommodate three (3) units on the 6,000 square foot lot. Applicant was requesting to go to a single family residential zoning district with 40% lot coverage. Simone Blanchard, E. Segundo Drive, asked where this zoning had been used. Mr. Jeppson said it was done south of Shea, on the southwest portion of Town where the overlook was. Mr. Peacock asked the size of the proposed lots. Mr. Jeppson said they were approximately 11,000 square feet. John Evancho wanted to know who the applicant was and Mr. Jeppson said MCO Properties. Simone Blanchard asked who the builder would be and Mayor Cutillo said that wasn't known and all that was being asked at this time was the rezoning. She asked if that shouldn't be an important factor and Mayor Cutillo said it was not the Council's consideration. Mayor Cutillo asked for public input in favor of granting this request. Greg Bielli, MCO Properties, said they supported the Commissions recommendation. Mr. Peacock asked why it wasn't R1-10 instead of RI-10A. Mr. Jeppson said the applicant wanted to put the size of the housing unit on a larger house and also have greater disturbance of the hillside area. Simone Blanchard made the statement that she was in opposition, didn't feel it should be changed from the 30% to 40% and was very much opposed to more hillside. Mayor Cutillo closed the public hearing at approximately 7:30 p.m. Minutes of the Regular Session of the Town Council 03/18/93 Page 3 of 6 Mayor Cutillo reconvened the Regular Town Council Meeting. AGENDA ITEM #8. - CONSIDERATION OF ORDINANCE 93-06, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE A "R1-10 RESIDENTIAL UNIT PLANNED DEVELOPMENT #Z93-03" ZONING DISTRICT AND AMENDING THE OFFICIAL ZONING DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT ARTICLE XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF AN AREA OF APPROXIMATELY 56 ACRES LOCATED NORTH OF SEGUNDO DRIVE, WEST OF LA MONTANA DRIVE, EAST OF FOUNTAIN ILLS BLVD., AND SOUTH OF THE EL LAGO BLVD. ALIGNMENT; FROM "R4" TO "R1-10 RESIDENTIAL UNIT PLANNED DEVELOPMENT #Z93-03". Councilman Fox asked for clarification that currently this was R-4 zoning, with 50% lot coverage and hillside disturbance. Mr. Jeppson said this provided 50% lot coverage which translated into any hillside disturbance of 50%. Councilman Fox said the request from the applicant was to reduce the disturbance from 50% to 40%. Simone Blanchard said she would rather see it at 30% than 40%. Councilman Clark asked for clarification of R1-10 and R1-10A. Mr. Jeppson said the applicant was not seeking Rl-10A for the minimum setback requirements and was comfortable with the R1-10 setbacks. The Commission and applicant agreed to use the R1-10 setbacks and lot widths with 40% lot coverage maximum. Councilman Clark said the R1-10 was better than R1-10A regarding disturbance. Councilman Hudson MOVED the adoption of Ordinance 93-06 with stipulations. SECONDED by Councilwoman Tibbetts. Donna Bayo asked if this might open the door and set a precedent to automatically allow 40%. Mayor Cutillo said it would need to be presented to the Council first. Ms Bayo asked if this was an exception and Mayor Cutillo said placing the RUPD over the R1-10 was an exception. Simone Blanchard asked how many requests had been made for the RUPD and had one ever been turned down. Mr. Jeppson said a RUPD had been turned down and many had been negotiated. Ms Blanchard stated again she was adamantly opposed to the 40%. The motion CARRIED unanimously. AGENDA ITEM #9. - CONSIDERATION OF ORDINANCE 93-07, REZONING TRACT "A" OF PLAT 415 FROM "INDUSTRIAL 1" TO "OPEN SPACE RECREATIONS"; AND LOT 46 OF PLAT 414 FROM "INDUSTRIAL - 2 IUPD #88-55 TO "OPEN SPACE RECREATIONAL". Mr. Jeppson said MCO Properties was petitioning the Council to rezone Tract A of Plat 415 currently known as Lazer and would be known as Tombstone, and Lot 46 in Plat 414 along Saguaro Boulevard just west of Last Trail Drive. Mayor Cutillo said if there was an opposition to this, the law required a public hearing be held. If there wasn't an opposition, a public hearing would not be required and action could be taken at this Council meeting. Mayor Cutillo MOVED acceptance of Ordinance 93-07 as written. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #10. - CONSIDERATION OF THE FINAL REPLAT OF LOTS 10 AND 11 BLOCK 2, PLAT 506-C. THIS REPLAT WILL HAVE THE EFFECT OF COMBINING TWO EXISTING LOTS INTO ONE SINGLE FAMILY LOT. Associate Planner Loras Rauch said MCO Properties was proposing lots 10 and 11 of 506C be replatted to combine the two (2) lots into one (1) lot. Vice Mayor O'Brien asked what the need for this was and Ms Rauch said to create one larger lot. They currently had a request for a temporary use permit to put a model home on the lot but that was Minutes of the Regular Session of the Town Council 03/18/93 Page 4 of 6 , another matter. When combined, the lot would be approximately .65 of an acre or approximately 28,493 square feet. Councilman Hudson MOVED the approval of replatted lots 10 and 11 to Plat 506-C. SECONDED by Mayor Cutillo. David Weston, E. Tequesta Court, asked if it was zoned a part of North Heights and Mayor Cudno said it was not. Ms Rauch said the existing zoning on the parcel in 506C was R1-10 in the North Heights area Plat 508 was all R1-10 RUPD. Mr. Jeppson said there were lot widths that might be a problem because there were flag lots in that area and there would probably be some flexibility in set backs to work around rocks, etc. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor O'Brien nay Councilman Minarsich aye Councilman Hudson aye Councilman Clark aye Councilman Fox nay Councilwoman Tibbetts aye The roll call vote results were five aye to two nay votes. AGENDA ITEM #11. - CONSIDERATION OF RESOLUTION 1993-12 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN RESTRICTIONS AFFECTING THE NORTH LOT LINE OF LOT 6, BLOCK 1. OF PLAT 201-A FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 150 OF MAPS, PAGE 32, RECORDS OF MARICOPA COUNTY, ARIZONA APPROVAL OF THIS RESOLUTION WILL ABANDON THE "NO VEHICULAR ACCESS" ON THIS PROPERTY. Councilman Hudson MOVED to adopt Resolution 1993-12. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #12. - 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.) Howard McCollom, E. Zaharis Drive, asked if the Council was aware how much noise and traffic was on Saguaro Boulevard. The State and Federal Government allowed 67 DCB's on any highway. He and his neighbor timed vehicles on Saguaro and in a period of ten (10) minutes there were 101 vehicles, 65 cars read 64-68 DCB's, 23 light trucks registered 66-76, 2 heavy trucks had DCB's of 80, 1 school bus had 82 and 1 front loader had 74. This was caused by the chip seal road. He said he had spoken with the Town Road Commissioner but the two complaints he had filed had been lost. He asked that something be done because it was very annoying. Technically the Town was violating the DCB law. Mayor Cutillo suggested he speak to the Town Manager. Gene Carbine, N. Heights, asked if the Council had to approve the model home. Mr. Farrell said if the decision were reviewed it would be reviewed by the Board of Adjustment and Mayor Cutillo said that would be the meeting Mr. Carbine would need to attend. Mr. Jeppson said notices would be sent and the meeting would be held Tuesday, April 6, 1993 at 7:00 p.m. in the Council Chambers. Minutes of the Regular Session of the Town Council 03/18/93 Page 5 of 6 . AGENDA ITEM #13. - ADJOURNMENT. Mayor Cutillo called for a motion to adjourn. Vice Mayor O'Brien MOVED to adjourn. SECONDED by Mayor Cutillo and CARRIED unanimously. The Town Council adjourned at approximately 7:30 p.m. TOWN OF FOUNTAIN HILLS ATTEST: A-4tzx^-) Cassie B. Hansen, Town Clerk PREPARED BY: i L Marcia M. Jewett, Admin. Assist. CERTIFICATION I 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 18th day of March 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this 1",i day of April 1993. (�-� & L, Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 03/18/93 Page 6 of 6