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HomeMy WebLinkAbout1994.0815.TCSM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 15, 1994 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 P.M.,Monday,August 15, 1994,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 Councilwoman Tibbitts,roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Wally Hudson, and Councilmembers Don Lawrence, Peg Tibbetts, Frank Clark, Marianne Wiggishoff and Bill O'Brien. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Gary Jeppson, Director of Community Development and Planner Loras Rauch. Mayor Cutillo removed Agenda Item #3 and read the remainder of the consent agenda which included: AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF JUNE 28,JULY 7 AND AUGUST 4, 1994. AGENDA ITEM#4-CONSIDERATION OF A FINAL PLAT FOR MONTANOS ESTATES,A FOUR-UNIT CONDOMINIUM PROJECT LOCATED AT 16028 EAST SUNFLOWER DRIVE,AKA LOT 5,BLOCK 1, OF FOUNTAIN HILLS ARIZONA FINAL PLAT 601A, CASE NUMBER S94-59. L AGENDA ITEM#5-CONSIDERATION OF A FINAL REPLAT FOR LOTS 12 AND 13,BLOCK 3,PLAT 603A (AMENDED), LOCATED ON THE SOUTH SIDE OF SYCAMORE DRIVE, SOUTHEAST OF THE INTERSECTION OF CHICORY AND SYCAMORE DRIVES, CASE NUMBER S94-70. AGENDA ITEM#6 -CONSIDERATION OF THE FINAL REPLAT FOR LOT 4,BLOCK 5,PLAT 102, A REPLAT TO DECONDOMINIUMIZE AN EXISTING FOUR-UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 13827 NORTH HAMILTON DRIVE,AKA LOT 4,BLOCK 5,FOUNTAIN HILLS ARIZONA FINAL PLAT 102, CASE NUMBER S94-69. AGENDA ITEM#7 -CONSIDERATION OF FINAL PLAT FOR MIRAGE CONDOMINIUMS LXVI (66) THROUGH LXVIII (68) AND LXXI (71), CASE NUMBERS S94-65 THROUGH S94-68. AGENDA ITEM #8 - CONSIDERATION OF AWARDING THE BID TO QUESTAR RADIO COMMUNICATIONS IN THE AMOUNT OF$8,826.22 TO PURCHASE RADIOS FOR THE MARSHAL'S DEPARTMENT,THE ENGINEERING DEPARTMENT,THE STREET DEPARTMENT AND THE COURT. Councilman Clark MOVED approval of the Consent Agenda and Councilwoman Tibbitts SECONDED the motion. Minutes of the Special Session of the Town Council 08/15//94 Page 1 of 6, A roll call vote was taken with the results as follows: Councilman Lawrence aye Councilwoman Tibbitts aye Councilman Wiggishoff aye Councilman Clark aye Councilman O'Brien aye Vice Mayor Hudson aye Mayor Cutillo aye AGENDA ITEM #3 - CONSIDERATION OF THE FINAL PLAT OF WAHINDA CASITAS UNIT II CONDOMINIUMS,A 28 UNIT CONDOMINIUM PROJECT LOCATED AT 16605 E.GUNSIGHT DRIVE, AKA LOTS 4 AND 5, BLOCK 4, OF FOUNTAIN HILLS ARIZONA FINAL PLAT 207, CASE NUMBER S94-12. Loras Rauch explained that staff would like to change Stipulation#5 of the staff report to read,"The Developer shall 'revegetate' disturbed areas of the north bank of Colony Wash adjacent to the development site", rather than 'hydroseed' as submitted. The intent was to improve those areas that would be disturbed by the construction of a retaining wall and to provide necessary corrective measures to erosion problems. Councilwoman Wiggishoff expressed concern regarding the steep slope in the rear which backed up to the wash. Town Engineer Randy Harrel stated that there were some disturbed areas on the north bank in WaHinda Casitas I and at the corner of WaHinda Casitas II, caused partially from site development and partially from the original construction of the adjacent channel. Councilwoman Wiggishoff asked about the Town's legal basis for making requirements of developers since the property was not public property. Mr. Harrel explained that since drainage easements were being dedicated to the public, any requirements for erosion protection would be appropriate. Mayor Cutillo MOVED to approve the Final Plat of Wahinda Casitas Unit II Condominiums as recommended by staff with the indicated change. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM #9 - CONSIDERATION OF ORDINANCE 94-18, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR BOND REDEMPTIONS,FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 1995. Town Manager Paul Nordin reported that the assessed valuation amounts were not currently available but that he expected to receive those amounts from the County by the end of August. He indicated that the valuation amount would be lower than last year. Vice Mayor Hudson MOVED adoption of Ordinance 94-18,levying the assessed valuation subject to taxation to the property of Fountain Hills. Councilwoman Tibbitts SECONDED the motion which CARRIED unanimously. Minutes of the Special Session of the Town Council 08/15//94 ***)Page 2 of 6, AGENDA ITEM#10-CONSIDERATION OF ESTABLISHING A MAYOR'S TASK FORCE TO ADDRESS THE RECENT INCREASE OF PROPERTY VANDALISM IN THE TOWN OF FOUNTAIN HILLS. Town Manager Paul Nordin described the recent graffiti, vandalism and suspected arson incidents as very serious situations. To assist in law enforcement efforts,the Mayor had suggested the establishment of a task force. Once formed, the Task Force would work on setting goals, establishing a block watch program, determining a rewards system, studying revisions to the current curfew ordinance and communicating with outside agencies. Mayor Cutillo supported the formation of a task force as a positive step in controlling the sudden increase in vandalism. He recommended the appointment of Councilman Lawrence as the Council's representative on this task force. Vice Mayor Hudson suggested that 3 individuals from the public be appointed initially rather than including a NPOA representative. Councilman Lawrence expressed his concerns over the vandalism problems. He further stated that he would appreciate the opportunity to become involved and communicate with other agencies to get a maximum benefit for this task force. Vice Mayor Hudson asked if the Council's formation of a task force would make it a governmental body subject to open meeting laws. Bill Farrell stated the designation of this group as a task force would not be a sub-committee to the Council and the Arizona open meeting laws would not apply. Mayor Cutillo stated that a reward fund would be established in the amount of$1,000. Tom VanMeenen, Asst. Fire Chief,responded to an inquiry regarding a reported$10,000 reward offered by Rural Metro. He explained that it was a state-wide arson fund in the amount of a$10,000 pool which was established to aid in rewards. He said it was not offered by Rural Metro. Mayor Cutillo MOVED to establish a Task Force to include Captain Sheridan, Marshal Gendler, Chief Knapp, a member of the School District, a member of the Fire Board,Councilman Lawrence and three (3) members of the public to be chosen by the Task Force. Vice Mayor Hudson SECONDED the motion which CARRIED unanimously. AGENDA ITEM#11 - CONSIDERATION OF ORDINANCE 94-19,ESTABLISHING A SCHEDULE FOR SUBDIVISION FEES. Town Manager Nordin stated that existing subdivision fees did not provide for adequate cost recovery. He also said that the Town's fees were well below what other communities charge. Randy Harrel presented the results from a study of subdivision fees received and costs incurred,including overhead expenses,which indicated a 29%cost recovery average. He compared subdivision fees and improvement plan review fees of other cities and towns in Arizona. He stated that the Town Engineer's office reviewed water and sewer plans as well as other utility agencies. A proposed subdivision/development fee schedule was submitted by Gary Jeppson, Director of Community Development,in an attempt to standardize fees on a reasonable basis for cost recovery. Vice Mayor Hudson asked how certification fees were paid when final plats or plat abandonments were submitted to the County. Mr.Jeppson answered that the Town paid the fee and charged the developer. The proposed fee schedule was currently used by Maricopa County and any future increases adopted by the County could be considered as well. A proposed higher Minutes of the Special Session of the Town Council 08/15//94 Page 3 of 6, figure would be charged for planned unit developments because of the amount of work entailed. Sign permit fees, special use permits and variances were also included in the proposed schedule. Appeal fees would be charged to parties requesting changes not approved by the Development Director. Councilman O'Brien felt appeal fees would be punitive. Councilwoman Wiggishoff asked if staff had applied the new fee schedule to see if cost recovery was achievable. Mr. Jeppson stated he believed the proposed fees to offer close proximity to cost recovery. Town Manager Nordin said staff would prepare an ordinance for consideration at the next Council meeting after updating the research on fees charged by other communities. Councilman Clark stated that either the Council had set initial fees too low or that other communities had escalated their fees substantially over the years. Mr. Nordin agreed that it could be a combination of both of these and that the increased number of subdivisions currently being developed necessitated a review of prevailing fees. AGENDA ITEM #12 - CONSIDERATION OF THE FINAL PLAT FOR PARADISE RIDGE, A 68 LOT SUBDIVISION LOCATED EAST OF MOUNTAINSIDE DRIVE, NORTH OF THISTLE DRIVE ALIGNMENT,WEST OF FOUNTAIN HILLS BOULEVARD AND SOUTH OF EL LAGO BOULEVARD, CASE NUMBER S93-30. Loras Rauch gave information on the final plat proposal for the Paradise Ridge subdivision. She explained that the subdivision could be built under the current"R-4"zoning classification with modifications for tracts to have Hillside Protection Easements,however the applicant and staff felt that "R1-6" and"OSR" as proposed was the highest use for this area. Mrs.Rauch pointed out on a map the location of the proposed development. Lots adjacent or fronting on Mountainside Drive would not be graded with the subdivision and would be single-level custom homes with walkout style basements. Lots 11 and 12 would have custom homes and grading plans would be submitted at the time of building permit application. A waiver to cut and fill limitations for daylighting a road at Mountainside Drive to provide for secondary access,a knoll that needed to be graded for proper site distances,and an additional area that was a current ponding area would be granted along with the final plat approval. The Tracts A-F comprised about 35% of the property and were being proposed for a change of zoning to "OSR" Open Space Recreational. These tracts would be dedicated to the Paradise Ridge Homeowners Association. Mrs. Rauch suggested an amendment to Stipulation#3 presented in the staff report to include the wording "or approval of the final plat as designed with Hillside Protection Easements being placed on the open space Tracts". The 15 stipulations presented with the preliminary plat would also apply to the final plat with the exception of Stipulation #3 which dealt with grading of lots during construction. Staff requested to eliminate Lot 35 from this stipulation as the roadway was re- aligned to omit problems with site easements. Vice Mayor Hudson MOVED approval of the final plat for Paradise Ridge subject to staff stipulations as recommended. Councilman Clark SECONDED the motion. Charles Vascellero, Algonquin Court, questioned the Council about whether the pavement of Fountain Hills Boulevard in the proposed area for development was a stipulated requirement and whether the extension of Thistle Road would be paid for by the developer. Mrs.Rauch read several of the 15 stipulations stating the improvements to Fountain Hills Boulevard would be bonded and/or contributed to by the developer. Revegetation, perimeter landscaping and all street improvements would be part of the first phase of development. Thistle Road would not be extended to Fountain Hills Boulevard since it was not included in this development. Bobbie Selenca, 602A Cavern Drive, expressed concern about existing low water pressure and what consequence would occur by the addition of 68 homes in this area. Town Engineer Randy Harrel addressed this concern by stating that this development would be in a separate zone and that low water pressure problems were mainly the Minutes of the Special Session of the Town Council 08/15//94 Page 4of6 , result of elevation, being at the high end of a water zone,rather than inadequate piping. Mrs. Selenca questioned the grading of the area and was informed by Mrs. Rauch that 100% grading of the lots would occur except those lots stipulated in the final plat. There were 11.3 acres of hillsides,3.9 acres of which were proposed to be disturbed. 12.7 acres in the proposed "OSR" area would be left undisturbed in Tracts or Hillside Protection Easements. Mau Berens, the developer's representative, told the Council that there would be two models on the site and other models would be offered with modifications. The price range of the homes would be between$160,000-$225,000. Councilman Clark pointed out that the area was currently zoned Multi-family "R-4" and he felt the changing of zoning to "R1-6" would be an upgrade of the current zoning. Councilwoman Wiggishoff complimented the applicant/developer on the sensitivity shown in designating lots to be developed with only custom homes to be in keeping with other semi-custom homes in this area. There being no further discussion, the motion was CARRIED unanimously. AGENDA ITEM#13-PUBLIC HEARING ON A PROPOSAL TO AMEND THE OFFICIAL ZONING MAP BY DESIGNATING 23.84 ACRES,LOTS 1-68 AND ALL RIGHTS-OF-WAY,PARADISE RIDGE,FROM "R-4"MULTI-FAMILY RESIDENTIAL TO"R1-6",SINGLE FAMILY RESIDENTIAL,AND TO AMEND THE OFFICIAL ZONING MAP BY DESIGNATING 12.7 ACRES, TRACTS A, B, C, D, E, AND F, PARADISE RIDGE, FROM"R-4" TO "OSR", OPEN SPACE RECREATIONAL. Mayor Cutillo called a recess to the Special Session of the Town Council at 7:55 P.M. and declared the Public Hearing open to amend the Official Zoning Map. No one came forward to speak for or against and Mayor Cutillo declared the hearing closed at 7:56 P.M. and reopened the Special Session of the Town Council. AGENDA ITEM#14-CONSIDERATION OF ORDINANCE 94-04 AMENDING THE OFFICIAL ZONING DISTRICT MAP FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT CHAPTER 2L SECTION 2.01 AND CHAPTER 3,SECTION 3.02 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY DESIGNATING 23.84 ACRES,LOTS 1-68 AND ALL PUBLIC RIGHTS-OF-WAY, PARADISE RIDGE,TO"Rl-6" SINGLE FAMILY RESIDENTIAL AND BY DESIGNATING 12.7 ACRES, TRACTS A, B, C, D, E AND F, PARADISE RIDGE, FROM "R-4" TO "OSR" OPEN SPACE RECREATIONAL. Councilman O'Brien MOVED to approve the amendment of the Official Zoning District Map designating 23.84 acres from "R-4" to"R1-6" and 12.7 acres from "R-4" to "OSR" with the stipulations of the final plat. Following clarification from Ms. Rauch, Councilman O'Brien restated his motion to approve Ordinance 94-04 to amend the Official Zoning District Map as stated. Councilman Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM#15- 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.) Minutes of the Special Session of the Town Council 08/15//94 Page 5 of 6 Charles Vascellero,Algonquin Court,addressed the Council with his concerns over the downtown development of Fountain Hills. j AGENDA ITEM#16 - ADJOURNMENT. Councilman Lawrence MOVED to adjourn and Councilman O'Brien SECONDED the motion which CARRIED unanimously. The Town Council adjourned at 8:07 P.M. TOWN OF FOUNTAIN HILLS By: John . C o, Mayor ATTEST: 0ICJ • 1-21-AA-4-1 —) Cassie B. Hansen, Town Clerk PREPARED BY: .-r -- c L T� �� • ��(: -7., Linda. Lemmen, Administrative Assistant CER 1•IFICATION 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 15th day of August, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of September, 1994. 0...d.444:4_, 6. 1_10_,A,.., Cassie B. Hansen, Town Clerk Minutes of the Special Session of the Town Council 08/15//94 1411) Page 6 of 6 ,