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HomeMy WebLinkAbout1993.0914.TCSM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 14, 1993 A special session of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:00 p.m., Tuesday, September 14, 1993, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Councilman Lawrence, 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 Peg Tibbetts, Wally Hudson, Don Lawrence, Mike Minarsich, and Frank Clark. Also present were Town Manager Paul Nordin and Town Clerk Cassie Hansen. AGENDA ITEM #2. - PURSUANT TO A.R.S. 38431.03.A.1. AND A.R.S. 38-431.03.A.3. VOTE TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES. DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY DISCUSSIONS. AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING; AND FOR DISCUSSIONS OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, RESPECTIVELY. (COUNCIL WILL BE INTERVIEWING APPLICANTS FOR THE PLANNING AND ZONING COMMISSION AND WILL BE IN EXECUTIVE SESSION FOR A MINIMUM OF ONE AND A HALF HOURS.) Mr. Nordin said he had obtained waivers from six (6) of the seven (7) applicants to be interviewed in accordance with the Executive Session rules just read. Thomas Mann would not be available. Mayor Cutillo MOVED to go into the Executive Session. SECONDED by Councilman Minarsich and CARRIED unanimously. Mayor Cutillo recessed the Special Session at 6:05 p.m. and went into the Executive Session. AGENDA ITEM #3. - RETURN TO SPECIAL SESSION. The Council returned to Special Session at 8:55 p.m. Minutes of the Special Session of the Town Council 09/14/93 Page 1 of 4 AGENDA ITEM #4. - CONSIDERATION OF APPOINTING THREE INDIVIDUALS TO THE PLANNING AND ZONING COMMISSION TO FILL THE SEATS VACATED BY EXPIRING TERMS. Mayor Cutillo said the Council had spent two (2) hours interviewing six (6) of the candidates. Councilman Hudson MOVED that the appointments be postponed until the regular Thursday Council meeting. SECONDED by Councilman Clark. Councilman Clark stated there had been a resignation from the Planning and Zoning Commission. One (1) person was not available to be interviewed and Council wanted to interview that person before a decision was made. Mayor Cutillo said each Councilmember would submit their selection, in order of preference, the Town Manager would compile the votes, the results would be brought back to Council, and nominations would be made. The motion was CARRIED unanimously. Mr. Nordin clarified that the Thursday agenda and additional Executive Session language would be posted to allow Mr. Mann to be interviewed and an appointment item would be placed on the agenda. AGENDA ITEM #5. - DISCUSSION OF THE PROPOSED ZONING ORDINANCE CHANGES. Mr. Jeppson said the Council had received a recommendation from the Planning and Zoning Commission (Commission) on the six (6) questions that Council had asked and had received comments from MCO Properties with recommendations from staff on addressing those issues. Mr. Nordin reminded the Council of where the process stood. The Council was at a position to take as much time as needed to discuss the document, to provide direction on format and provisions to be placed into the document. It was recommended that at the conclusion, it would be presented to the public through a formal public hearing process. It would then be heard at the P & Z Commission hearing, after which it would be presented to Council for adoption. Councilman Clark said he would like to cut through what appeared to be a laborious task. There appeared to be a consensus on the great majority of the document and only one area was still sensitive. Councilman Minarsich suggested Mr. Jeppson explain what the differences were. Councilmembers concluded the first five (5) out of the six (6) questions were acceptable. Councilman Clark MOVED that Council approve for adoption the recommendations of the Commission supported by staff on the five (5) items that the Council had asked for recommendations and referred to in the August 27, 1993 letter to the Mayor and Council from Chairman Thomas and dealing with Sections 3, 6, 10, 11 and 12. SECONDED by Mayor Cutillo and CARRIED unanimously. Hillside and Land Disturbance Mr. Jeppson passed out a letter from the Planning & Zoning Commission (Commission) disagreeing with staff recommendation in regard to subdivision. Staff wanted to use the finished grade and the Commission wanted to use the height figured from the natural grade. Vice Mayor O'Brien felt the staff recommendation would not be a solution. The issue was not whether the original grade was higher or lower then the original value but how much it had been disturbed. Mr. Nordin said this could be dealt with and regulated at the subdivision processing point and the subcontractors could be provided with clear and concise regulations. There would be less governmental interference and less expense on the part of the contractor. Councilwoman Tibbetts agreed that when dealing with subdivisions, a finished grade was Minutes of the Special Session of the Town Council 09/14193 Page 2 of 4 the practical efficient way to go. Councilman Minarsich concurred and said it would simplify the process for the builder and for staff and would eliminate unnecessary regulations. Tom Henry from the Commission said the document consisted of over 100 hours of meetings and sub -committee hearings. The builders and developers were about 90% satisfied with it. He felt when staff had to come up with language for each comment, it might suggest the document was political. Many of the public did not care for Crystal Ridge and the document allowed for another Crystal Ridge. A great deal of clarification and discussion followed. Bill Tessmer, 13134 Rand, suggested a reference point be established. He felt the Council was convoluting the issue. Jim Ritchie, Telegraph Drive, represented the majority of the homeowners from Plat 604 C and B. He said they were against the 10' fill and the homeowners wanted to see a zero (0) fill. Bob Thomas, Commissioner of the P & Z, felt there should be some flexibility on the height of the pad. Greg Bielli, MCO Properties, said their concern dealt with the issue that subdivision development was different than an individual lot development. Constraints, physical construction and height of a home on a lot at natural grade or approved finish grade during a building plan submittal would be different. In a subdivision development criteria, a parcel of land might have some areas that needed to be filled because of reshaping. MCO wanted the height of the structure decided after the approval of the subdivision. Mr. Bielli said this was the debate. From an implementation standpoint, it would not work when both of the development programs were under one ordinance. Mayor Cutillo MOVED to approve Chapter 1, Page 1, building height recommendations as stated by staff that included Section 511.G. SECONDED by Councilman Minarsich. Councilman Clark asked if this would include subdivisions. Mr. Jeppson said this section did not deal with subdivisions. There were other subsections in the land disturbance section that dealt with subdivisions. The motion CARRIED unanimously. Chapter 2 Page 2 - No comments Page 3 - No comments Page 4 - Language will be added to include agreement with applicant. Page 5 - No changes Page 6 - Language relating to level 1 environmental study prior to dedication to open space will be added. Mr. Bielli, MCO Properties, suggested prior to the Town accepting title to a parcel designation, the Town administratively look at the transfer posed in the ordinance as part of the environmental review. Numbers 7, 8, 9, 14, 15, 16, and 17 - No comments Number 18 - Footprint versus formula. Mr. Jeppson said on larger lots it was more restrictive with four times the footprint then the hillside disturbance. The contractors wanted to have the option of either the footprint or the formula. Vice Mayor O'Brien MOVED to restore Section 3 and 4 that had been struck. For lack of a second, the motion FAILED. Councilman Minarsich MOVED that the new Section 3 A Minutes of the Special Session of the Town Council 09/14/93 Page 3 of 4 and B be adopted. SECONDED by Mayor Cutillo. The motion CARRIED with six (6) aye votes and one (1) nay vote cast by Vice Mayor O'Brien. Mr. Jeppson recommended that Council issue the waivers and not the commission. Page 34 - Limitations of Cut and Fill. Mr. Jeppson said the second line should read, "fill or the depth of any exposed cut area" and delete "base and excavations...". The word "original" should be deleted. In the following sentence, strike out "for the development of a park, golf course, or other recreational development..." Vice Mayor O'Brien MOVED to approve all changes in 2-01 through 15.10. SECONDED by Councilman Hudson and CARRIED unanimously. Mr. Nordin said the document would be finalized for the first Council meeting in October. AGENDA ITEM #7. - ADJOURNMENT. Mayor Cutillo called for a motion to adjourn. Councilman Minarsich made a MOTION to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 11:35 p.m. TOWN OF FOUNTAIN HILLS ; Xr�� By: el J M. Cutillo, Mayor ATTEST: Cassie B. Hansen, Town Clerk PREPARED BY: Maicia M. Jewett CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Session Meeting held by the Town Council of Fountain Hills on the 14th day of September, 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of November, 1993. Al� , . 16 . Lz',� Cassie B. Hansen, Town Clerk Minutes of the Special Session of the Town Council 09/14/93 Page 4 of 4