HomeMy WebLinkAbout1995.0202.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 2, 1995
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30
P.M.,Thursday,February 2, 1995,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 Wally Hudson,and Councilmembers Don Lawrence,Peg Tibbetts,Frank Clark,Bill O'Brien and Marianne
Wiggishoff. Also present were Town.Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen,
Director of Community Development Gary Jeppson,Town Engineer Randy Harrel and Planner Jeff Vaider.
Mayor Cutillo read the Consent Agenda as follows:
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF
JANUARY 17TH AND 19TH, 1995.
AGENDA ITEM#3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
SUNRISE KIWANIS CLUB FOR THE MOUNTAIN TO FOUNTAIN 15K AND 5K RUNS ON SATURDAY,
FEBRUARY 25, 1995 FROM 5:30 A.M. TO 10:30 A.M. THE RACE WILL START AND END AT THE
FLAG POLE IN FOUNTAIN PARK ON SAGUARO BOULEVARD. NO ADDITIONAL CLOSURES WILL
BE REQUIRED FOR THIS EVENT OTHER THAN THE CLOSURES FOR THE GREAT FAIR.
AGENDA ITEM #4 - CONSIDERATION OF THE BID AWARD TO INTER-TEL DATACOM, INC. OF
PHOENIX, AZ IN THE AMOUNT OF $11,344 FOR A TELEPHONE SYSTEM UPGRADE FOR TOWN
HALL.
AGENDA ITEM #5 - CONSIDERATION OF APPROVING 20 INDIVIDUAL CONDOMINIUM PLATS
WITHIN THE MIRAGE CROSSING SUBDIVISION, LOCATED EAST OF FOUNTAIN HILLS
BOULEVARD, NORTH AND SOUTH OF EL PUEBLO BOULEVARD, CASE NUMBERS S95-006
THROUGH S95-025.
AGENDA ITEM #6 - CONSIDERATION OF CHANGE ORDER TO MARKAM CONTRACTING FOR
SAGUARO BOULEVARD REPAIRS IN THE AMOUNT OF $21,569.
Councilman Lawrence MOVED to approve the items on the Consent Agenda as read. Councilwoman Wiggishoff
SECONDED the motion.
A roll call vote was taken with the following results:
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Councilman Lawrence Aye
Councilwoman Tibbetts Aye
Councilwoman Wiggishoff Aye
Councilman Clark Aye
Councilman O'Brien Aye
Vice Mayor Hudson Aye
Mayor Cutillo Aye
AGENDA ITEM #7 - ROTATION OF THE POSITION OF VICE MAYOR TO FRANK CLARK. THE
VICE MAYOR IS AN EIGHT MONTH, ROTATING POSITION TO BE HELD BY EVERY
COUNCILMEMBER.
Vice Mayor Hudson passed the "Vice Mayor" nameplate to Councilman Clark and congratulated him.
AGENDA ITEM #8 - PRESENTATION OF PROCLAMATIONS TO 10 GERMAN STUDENTS
PARTICIPATING IN THE GERMAN AMERICAN PARTNERSHIP PROGRAM.
Mayor Cutillo read a proclamation for the German exchange students and presented them with a "fountain" pin.
AGENDA ITEM#9-CONSIDERATION OF THE APPOINTMENT OF 3 CITIZENS TO THE BOARD OF
ADJUSTMENT TO FILL THE VACANCIES CREATED BY EXPIRING TERMS.
Mayor Cutillo recommended the appointment of Sam Nicholson,Earl Stavely and Fred Luft as members to the Board
of Adjustment for a two-year term beginning February 1, 1995 and ending on January 31, 1997. Vice Mayor Hudson
MOVED to approve the Mayor's recommendation. Councilwoman Tibbetts SECONDED the motion which
CARRIED unanimously.
AGENDA ITEM #10 - REPORT BY MANAGER PAUL NORDIN, COUNCILMEMBERS WIGGISHOFF
AND TIBBETTS ON THE ARIZONA TOWN HALL.
Councilwoman Tibbetts reported that the topic discussed was American Indian relationships. She stated it was a very
interesting meeting and that Chief Clinton Pattea had indicated how his tribe had encouraged economic development.
He recognized the cooperative atmosphere between civic groups in the Town of Fountain Hills and his tribe.
AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 1995-03, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "THE
TOWN TAX CODE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA".
Attorney Farrell explained that the adoption of a resolution regarding sales tax would take the text from the
transaction privilege ordinance and make it a public record. This text would become a separate chapter in our Town
Code. Mr. Farrell told the Council all changes to the text or tax rate were to be made before the resolution was
adopted.
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Mr. Nordin introduced Cathy Connelly from the League of Arizona Cities and Towns who was present to answer
questions.
1/460, Councilman Hudson requested clarification regarding the exclusion of tax on food purchased in a restaurant. Town
Manager Nordin stated that food purchased in grocery stores would be subject to the sales tax.
Councilman Hudson MOVED to adopt Resolution 1995-03 and set the tax rate at 1.5% including food and
commercial rentals. Councilwoman Tibbetts SECONDED the motion.
Vice Mayor Clark AMENDED the motion to change the sales tax rate to 1.2% including food sales. Councilman
Lawrence SECONDED the amendment.
Vice Mayor Clark AMENDED the motion to approve the sales tax rate of 1.5% but excluding food sales.
Councilwoman Wiggishoff SECONDED the amendment.
Councilwoman Wiggishoff AMENDED the motion to exclude commercial leases from the transaction privilege tax.
Vice Mayor Clark SECONDED the amendment.
Councilman O'Brien AMENDED the motion to exclude sales tax on food items regardless of the approved rate.
Vice Mayor Clark SECONDED the amendment.
Vice Mayor Clark said he thought sales tax on commercial leases was unfair to renters who collect sales tax.
Councilwoman Wiggishoff stated that the cash flow stream would be largely dependent on constriction and that long-
term planning would be difficult if the tax on food items was eliminated. She also spoke in favor of eliminating the
tax on commercial rentals viewing the revenues collected as a tax on a tax which would be passed on to consumers
of services.
Discussion from the public included comments from John Provost,Jane Trevino,Mary Pilarinos,Mike Heasley,June
Post,Jack Bercel,Terry Fox,Kevin Brown,Bob Thomas,Sami Jack,Wayne Armstrong,Bob Haas,Randy Owens,
Margaret Gelinas, Suzanne Jansen and Lowell Jansen.
A vote on the fourth amendment, to exclude food from the sales tax,resulted in a 5-2 vote,Councilman O'Brien
and Vice Mayor Clark voted aye. The motion FAILED.
A vote on the third amendment,to eliminate sales tax on commercial rentals,resulted in a 4-3 vote. A roll call vote
was taken and Councilman Hudson,Lawrence, O'Brien and Mayor Cutillo voted nay. The motion FAILED.
A vote on the second amendment was a moot point it being inconsistent with the fourth amendment.
A vote was taken on the first amendment, to establish a tax rate of 1.2% including a sales tax on food,resulted in
a 6-1 vote. Mayor Cutillo voted nay. The motion CARRIED.
A vote on the motion, to establish a tax rate of 1.5% (now amended to 1.2% by the first amendment) including a
sales tax on food and commercial rentals,resulted in a 6-1 vote. Mayor Cutillo voted nay. The motion CARRIED.
AGENDA ITEM#12 - CONSIDERATION OF ORDINANCE 95-01,ADOPTING THE "THE TOWN TAX
CODE OF THE TOWN OF FOUNTAIN HILLS, ARIZONA" BY REFERENCE AND FIXING THE
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND ESTABLISHING PENALTIES FOR THE
VIOLATION THEREOF.
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Councilman Hudson MOVED to approve Ordinance 95-01,adopting the"Town Tax Code"and stipulated that it be
commenced on or after April 30, 1995. Councilman Lawrence SECONDED the motion which resulted in a 6-1
4110, vote. Mayor Cutillo cast the nay vote. The motion CARRIED.
AGENDA ITEM #13 - ADOPTION OF IGA BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE
ARIZONA STATE DEPARTMENT OF REVENUE CONCERNING THE COLLECTION AND
DISTRIBUTION OF LOCAL SALES TAX FUNDS FROM THE STATE TO THE TOWN OF FOUNTAIN
HILLS.
Mr.Nordin explained that there would be no charges from the Arizona Department of Revenue for services rendered
in collection and distribution of sales tax funds with the adoption of an IGA.
Councilman Hudson MOVED to approve the adoption of an IGA between the Town of Fountain Hills and the
Arizona Department of Revenue as presented. Councilwoman Tibbewtts SECONDED the motion which CARRIED
unanimously.
AGENDA ITEM#14-CONSIDERATION OF THE EXTENSION OF THE SPECIAL USE PERMIT ISSUED
TO THE FOUNTAIN VIEW NURSING CARE CENTER LOCATED AT THE SOUTHWEST CORNER OF
EL LAGO BOULEVARD AND VERDE RIVER DRIVE, (LOTS 8,9 AND 10,BLOCK L, PLAT 207) FOR
A 100-BED NURSING HOME, CASE NO. SU94-05.
Mr.Jeppson explained that the applicant had requested a 12-month extension to the special use permit for a proposed
nursing care facility. He stated that the staff recommended a six month extension. Mr. Valder also said that there
was no set criteria specified in the Zoning Code regarding extensions of special use permits.
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Councilman Lawrence MOVED to extend the Special Use Permit for Fountain View Nursing Care Center for a six-
month period along with the recommendations outlined in the staff report. Councilwoman Tibbetts SECONDED
the motion which CARRIED unanimously.
AGENDA ITEM #15 - PUBLIC HEARING FOR A REZONING REQUEST (ORDINANCE 95-02) TO
REZONE THE 27.2 ACRES KNOWN AS PARCEL"C",SUNRIDGE CANYON,L.L.C.FROM"R1-43"TO
"R1-6 P.U.D." AND OPEN SPACE RECREATIONAL"O.S.R."DISTRICT. SUNRIDGE CANYON,L.L.C.
IS SEEKING TO REZONE 23.5 ACRES TO "R1-6 P.U.D." AND 3.7 ACRES TO OPEN SPACE
RECREATIONAL "O.S.R." DISTRICT. THE PROPOSED "R1-6 P.U.D." ZONING DISTRICT WILL
REDUCE THE MINIMUM LOT SIZE FROM 6,000 SQUARE FEET TO 5,000 SQUARE FEET;MINIMUM
LOT WIDTH FROM 60 FEET TO 50 FEET; INCREASE MAXIMUM LOT COVERAGE PERCENTAGE
FROM 40 PERCENT TO 50 PERCENT;REDUCE THE MAXIMUM BUILDING HEIGHT FROM 30 FEET
TO 22 FEET;AND REDUCE THE MINIMUM REAR YARD SETBACK FROM 25 FEET TO 20 FEET FOR
LOTS 1-14 AND 16-125,AND 10 FEET FOR LOTS 15-45, CASE NO. 94-29.
Mayor Cutillo recessed the Regular Session of the Town Council and opened the Public Hearing at 7:37 P.M.
Mr. Jeppson pointed out the area being discussed on a map. This request had been presented to the P&Z
Commission who recommended approval. He stated that after legal descriptions had been finalized, Parcel "C"
would contain 25.122 acres instead of the 27.2 acres for"R1-6 P.U.D." zoning and.693 acres rather than 3.7 acres
for"O.S.R." Open Space Recreational zoning. The difference in acres resulted from the removal of the roads from
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the requested zoning. The roads would remain "R1-43" as they were presently zoned.
Gregg Bielli, Vice President of MCO Properties,commented regarding the zoning change in Parcel "C". He stated
that the number of lots had been downsized from an original plan of 130 units to 121 units. He requested that the
lots backing up to the golf course,Lots 15-45,be changed to have a 10' rear yard setback to enable the staggering
setbacks of the fronts of homes on those lots.
Mr. Jeppson stated that staff did not approve of the 10' rear yard setback nor did they know what style of home
would be built on the golf course lots.
Discussion from the public included statements from Karen Myers, Bruce Hansen, Kathy Harter, Mike Heasley,
Margaret Gelinas,June Post, Cathy Heasley, Kevin Brown, Sharon Hutchinson, Jane Trevino, Thomas Leidinger,
Mathew Provost, Bob Thomas, Lisa Fraverd, Neil Arnell, Bill McGivern and Linda Baccaral. Their concerns
included precedents set by allowing variances in setbacks, problems resulting from density transfers,reductions of
lot sizes and enforceability of design guidelines.
AGENDA ITEM #16 - CONSIDERATION OF ORDINANCE 95-02, A REZONING REQUEST FROM
SUNRIDGE CANYON,L.L.C.TO REZONE PARCEL"C" IN SUNRIDGE CANYON BY REZONING 23.5
ACRES FROM "R1-43" TO "R1-6 P.U.D." AND 3.7 ACRES FROM "R1-43" TO OPEN SPACE
RECREATIONAL "O.S.R." DISTRICT, CASE NO. 94-29.
Mayor Cutillo declared the public hearing closed and reopened the Regular Session of the Town Council at 8:20 P.M.
Councilman Hudson asked Mr.Bielli why he requested the 10'rear yard setback for the golf course lots. Mr.Bielli
stated that the units would be forced closer to the street if the 20' rear yard setback would be required. The fronts
of the houses would also be in a straight line as opposed to a staggering of frontages.
After further discussion, Mr. Bielli said he would accept a 20' rear yard setback requirement for both exterior and
interior lots in Parcel "C".
Councilman Hudson MOVED adoption of Ordinance 95-02 with legal description changes in acreage and the
requirement of a minimum of 20' for rear yard setbacks. Mayor Cutillo SECONDED the motion.
Councilman Lawrence AMENDED the motion to increase the minimum lot size to 5500 square feet. Vice Mayor
Clark SECONDED the amendment.
Discussion from the public included Cathy Harter,Mike Heasley,John Provost,Sharon Hutchison,Bill McGivern,
Margaret Gelinas, Mary Pilarinos,Thomas Leininger, Wayne Armstrong, Terry Fox, June Post and Matt Provost.
Their comments were similar to those presented during the public hearing.
A vote was taken on the amendment, to increase the minimum lot size to 5500 square feet,resulted in a 7-0 vote.
The amendment CARRIED.
Councilwoman Wiggishoff wanted assurance from the developer that the 22 foot building height allowance would
allow only single-story dwellings. She was assured by Mr. Bielli that only single-story dwellings would be
constructed.
Councilman Lawrence AMENDED the motion to allow 10' minimum rear yard setbacks along the golf course lots
to allow for a variation in the house frontages. Mayor Cutillo SECONDED the amendment. A roll call vote was
taken on the second amendment which resulted in a 4-3 vote. Councilman O'Brien, Hudson and Councilwoman
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Wiggishoff cast the nay votes. The motion CARRIED.
A vote was taken on the original motion, to approve Ordinance 95-02 allowing a 20' minimum rear yard setback
except for the golf course lots whose rear yard setbacks would be a 10' minimum and establishing the mimimum
lot size of 5500 square feet. The results of the roll call vote were 4-3 votes. Councilman O'Brien, Vice Mayor
Clark and Councilwoman Wiggishoff cast the nay votes. The motion CARRIED.
AGENDA ITEM#17-CONSIDERATION OF ADDITIONAL CONSTRUCTION PROJECTS FOR GOLDEN
EAGLE PARK, PHASE II.
Town Manager Nordin gave a brief summary of funds available from the remaining Phase Two funding of Golden
Eagle Park improvements along with the reserve account amount which had been set aside as matching funds for
a 1995 Heritage Grant. He said that meetings with the Park Planning Sub-Committee had resulted in
recommendations for disposing funds of$353,000 to be used for a restroom/control building and field#3 lighting.
If the Council approved,playground,ramada and walkway items could be included as a change order to the Town's
present contract with Markham Contracting. An additional amount of$80,000 would need to be authorized. Mr.
Nordin said that with anticipated sales tax revenues, the$80,000 amount could be funded.
Councilman Hudson asked if the recommendation of the Park Planning Sub-Committee had been approved by the
Parks and Recreation Commission.
Wendall Oliphant,Chairman of the Parks and Recreation Commission,stated that the Commission had not had time
to meet on the recommendations of the Park Planning Sub-Committee.
Vice Mayor Clark expressed concern at the Council taking action on a recommendation made by a sub-committee
and not by the entire board.
Councilman O'Brien MOVED to approve the requested funding contingent to the approval of the Parks and
Recreation Commission. Councilman Hudson SECONDED the motion.
Arnold Von Ruttenberck,Mary Pilarinos, Bob Haas,Nick Davis,Thomas Leininger and June Post made comments
from the audience. They were concerned with correcting Golden Eagle Park field lighting,working with the school
system for additional park developments, setting up concessions at Golden Eagle Park and moving forward with
development of Golden Eagle Park.
The motion CARRIED unanimously.
AGENDA ITEM#18 -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.)
Terry Fox congratulated the Council for their efforts.
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AGENDA ITEM#19 - ADJOURNMENT.
Councilman Lawrence MOVED to adjourn the meeting. Councilwoman Tibbetts SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 9:30 P.M.
TOWN OF FOUNTAIN HILLS
By:
Jo . Cutillo, Mayor
ATTEST: OAL/ULA�' �Q J
Cassie B. Hansen, Town Clerk
PREPARED BY: , L. _ � , , ,,,
Linda D. Lemmen, Administrative Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting
held by the Town Council of Fountain Hills on the 2nd day of February, 1995. I further certify that the meeting
was duly called and that a quorum was present.
DATED this 19th day of February, 1995.
atf14-4-t'
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Cassie B. Hansen, Town Clerk
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