HomeMy WebLinkAbout1995.0420.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
APRIL 20, 1995
A public meeting of the Fountain Hills Town Council was convened and called to order by Vice Mayor Clark at 6:30
P.M.,Thursday,April 20, 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: Vice Mayor Frank Clark and
Councilmembers Don Lawrence,Peg Tibbetts,Wally Hudson,Bill O'Brien and Marianne Wiggishoff. Mayor Cutillo
was absent. 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 Planners Jeff Valder and Geir
Svedrup.
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Councilman O'Brien asked to remove Agenda Item #5 from the Consent Agenda for further discussion.
Vice Mayor Clark read the remainder of the Consent Agenda as follows:
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF
APRIL 6TH AND 12TH, 1995.
AGENDA ITEM #3 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION OF RUEN-SHIN
TZYH FOR HA CHINA LOCATED AT 11849 NORTH SAGUARO BOULEVARD. THE APPLICATION
IS TO TRANSFER THE EXISTING CLASS 12 (RESTAURANT)LIQUOR LICENSE FROM HEUI-PING
CHEN TO THE NEW OWNER, RUEN-SHIN TZHY.
AGENDA ITEM #4 - CONSIDERATION OF APPROVING A CONTRACT EXTENSION FOR D.L.C.
RESOURCES,INC.IN THE AMOUNT OF$6,208 FOR MAINTENANCE SERVICES AT GOLDEN EAGLE
PARK.
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1995-17 REQUESTING EXTENSION OF
INTERGOVERNMENTAL AGREEMENT FOR THE DEPARTMENT OF COMMERCE CAPITAL
IMPROVEMENT PLAN GRANT.
AGENDA ITEM #7 - CONSIDERATION OF THE CONTRACT APPROVAL FOR THE GOVERNOR'S
OFFICE OF HIGHWAY SAFETY GRANT FOR THE PURCHASE OF BARRICADING AND DETOUR
SIGNS.
AGENDA ITEM#8-CONSIDERATION OF THE AMENDED PLAT FOR RANCHO MONTANO ESTATES
TO PLAT 8 FOOT PUBLIC UTILITY EASEMENTS AT SALT RIVER PROJECT'S REQUEST AND TO
REALIGN LOT LINES TO CONFORM TO THE RETAINING WALL ALIGNMENTS.
Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilwoman Tibbetts SECONDED
the motion. A roll call vote was taken with the following results:
Minutes of the Regular Session of the Town Council 04/20/95
Page 1 of 14
Councilman Lawrence Aye
Councilman Hudson Aye
Councilman O'Brien Aye
Councilwoman Wiggishoff Aye
Councilwoman Tibbetts Aye
Vice Mayor Clark Aye
The motion CARRIED unanimously.
AGENDA ITEM #5 - CONSIDERATION OF APPROVING CASH PAYMENT FOR CRYSTAL RIDGE
SUBDIVISION IN LIEU OF ASSURANCE OF CONSTRUCTION FOR PAVING OF EL LAGO BLVD.
Councilman O'Brien stated he was ambivalent about approving a cash payment in lieu of assurance of construction
and that he thought it might become precedent-setting. He disagreed with the amount of the cash discount because
it was figured with the understanding that downscaling of the project might occur,but since that determination had
not been finalized, he felt no discount should have resulted in the calculation of the cash settlement.
Town Engineer Randy Harrel reported that the uncertainty of the future alignment of El Lago, which he had
estimated at$163,000,had prompted the developer to propose a cash settlement amount in lieu of fulfilling his street
construction requirement. He stated since there had been questions with determining the ownership change for the
project, the developer proposed to fulfill the street construction obligation immediately with the discounted cash
settlement. This settlement could be used for any project the Town deemed necessary. He said that the developer
had indicated that the Town's figures on street construction were too high and offered a cash settlement of$125,000.
Councilwoman Tibbetts asked if there was a time limit for the acceptance of the assurance of construction or was
a decision eminent at this meeting. Attorney Farrell stated that El Lago was designated to be a dedicated street but
not improved. If the Town decided to improve the street, it would use the$125,000 payment.
Councilman Lawrence pointed out that since the future of the street was in question, the Town should accept the
$125,000 settlement, which he said was a generous offer.
Vice Mayor Clark suggested the Town accept approval of the cash settlement because the construction of the road
was not needed at the present time and maintenance expenses should also be considered.
Councilman Lawrence MOVED to approve the cash payment for Crystal Ridge subdivision in lieu of assurance of
construction for paving of El Lago Boulevard. Councilwoman Wiggishoff SECONDED the motion which
CARRIED unanimously.
AGENDA ITEM#9 -MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
Judge Shoob presented the Court's monthly report for March, 1995. He pointed out that collection efforts on
delinquent accounts had been successful during the past month.
Councilwoman Tibbetts asked if bar charts denoting receivables and the number of cases could be prepared for next
month's report. Judge Shoob stated he could present these charts next month.
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Page 2 of 14
AGENDA ITEM#10-PREVIEW OF THE COMMUNITY BULLETIN BOARD,SCHEDULED TO AIR ON
CHANNEL 11, MONDAY, APRIL 24TH, AND INTRODUCTION/ACKNOWLEDGEMENT OF THE
PROJECT TEAM VOLUNTEERS.
Peter Putterman described the acquisition of the Community Bulletin Board as a new cable service to Fountain Hills.
He commended Dr.Jean Paisley and Beth Smith from the Fountain Hills Jr./Sr. High School who had assisted him
in the organization of the project. Eric Smith, David Diley, Chris Belford, Stefan Bill and Nathan Jackson were
students from the High School who worked very hard in developing this service. Mr. Futterman displayed the
Community Bulletin Board on a television screen and explained the application procedure for non-profit groups to
get their message on the Board.
Councilwoman Wiggishoff commended Mr.Puttenman for his efforts and pointed out that this was a good example
of the Town working with the school for the benefit of the community.
AGENDA ITEM #11 - REPORT BY THE MCDOWELL MOUNTAIN PRESERVATION TASK FORCE
AND APPOINTMENT OF TASK FORCE MEMBERS.
Mr. Nordin referred to his manager's report which listed ten names that the nominating committee had chosen for
the McDowell Mountain Preservation Task Force. The nominees and the representative organization of each were:
Nelson Van Sant,Chamber of Commerce;Roy Kinsey,McDowell Mountain Park Association;Bill Flaherty,Civic
Association; Jim Carroll, general public; Tim Terrill (Alt. Jim Jenkins), MCO; Kim Shuman, Public Education;
Meredith Hale,Rio Verde; Sharon Hutcheson,Committee for Sensible Development;Mitchell Silver,Committee to
Preserve the Environment and Richard Lantz,Parks &Recreation Commission. He stated that the Committee had
recently added Mike Chin to serve as a representative of the general public and that Roy Kinsey had been nominated
as Chairman of the Task Force. He also thanked Mr. Jack Frazer for his greatly-appreciated contributions in this
matter.
Councilman Lawrence MOVED to accept the eleven names from the nominating commmittee as representative
members of the McDowell Mountain Preservation Task Force. Councilwoman Wiggishoff SECONDED the motion
which CARRIED unanimously.
Councilman O'Brien MOVED to appoint Roy Kinsey as Chairman of the McDowell Mountain Preservation Task
Force. Councilman Lawrence SECONDED the motion which CARRIED unanimously.
Karen Myers,a member of the Planning&Zoning Commission,asked why a representative was not selected from
the Planning & Zoning Commission for the task force. Mr. Frazer answered that the nominating committee had
selected a workable number of representatives for the task force and felt that too many members would be
cumbersome. It was pointed out that Nelson Van Sant also served on the Planning &Zoning Commission.
Councilwoman Tibbetts pointed out that no councilperson would serve on the task force and she expected there
would be many residents in the community who would participate in this united effort for preservation of the
McDowell Mountains.
Jim Carroll and Sharon Hutcheson, newly appointed members of the task force, were present and introduced
themselves.
AGENDA ITEM #12 - SLIDE PRESENTATION BY COMMISSIONER WENDELL OLIPHANT
HIGHLIGHTING RECREATION PROGRAMS OFFERED IN FY 1994-95.
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Mr.Wendell Oliphant,Chairman of the Parks&Recreation Commission,narrated a slide presentation of past Parks
&Recreation programs. The programs included the Egg Scramble,fishing and casting demonstrations,Concerts in
the Park with the Kids Zone activities, dance instruction classes, bridge sessions,educational programs, Mornings
Happenings for Adults,hiking programs,annual golf tournament,golf lessons for kids,Thanksgiving Day Run and
various sports programs. He also presented slides of Golden Eagle Park and the Tot Lot at the park.
Mr. Fred Powrie, Jr., one of the Parks & Recreation Commissioners who was present, was introduced by Mr.
Oliphant.
Councilwoman Tibbetts complimented and thanked Mr. Oliphant for his informative slide presentation.
AGENDA ITEM #13 - CONSIDERATION OF THE REIMBURSEMENT REQUEST SUBMITTED BY
COUNCILMAN BILL O'BRIEN FOR LEGAL FEES ASSOCIATED WITH A CONTESTED VARIANCE
CASE.
Attorney Farrell reviewed the imdemnification reimbursement policy which had been adopted by the Council as
Resolution 1993-35. He stated it was his opinion Councilman O'Brien had acted in his official capacity as a
representative of the Town and had satisfied the criteria set forth in the resolution for recovering costs in the amount
of$1,260.00 for legal services. He recommended the Council approve this reimbursement request.
Councilwoman Tibbetts MOVED to approve the reimbursement request for legal fees for Councilman O'Brien.
Councilman Hudson SECONDED the motion.
Councilman O'Brien removed himself from the discussion and voting in this matter,declaring a conflict of interest.
Councilwoman Wiggishoff said she believed Councilmen O'Brien had acted as an individual taxpayer rather than
an official of the Council. She questioned Attorney Farrell as to what capacity Councilman O'Brien had acted in
when he brought forth the lawsuit. Mr.Farrell answered that he had ascertained that Councilman O'Brien was within
the class of individuals who could initiate a lawsuit and had acted in an official capacity. He also stated that the
costs incurred were for legal paperwork which was not filed in court.
Councilman Lawrence stated this was a sensitive and difficult consideration. He commended Dr.O'Brien's excellent
participation on the Council. He suggested Dr. O'Brien acted as an individual contrary to the majority vote of the
Council rather than in the capacity as a Councilmember. He stated he opposed approval of the reimbursement costs
because he thought they had been self-instigated.
Councilman Wiggishoff agreed with Councilman Lawrence's statements and said she understood the motivation of
Councilman O'Brien. She said that reimbursement for costs in hiring an attorney to represent himself individually
would violate the criteria for recovering costs as outlined in the resolution. She contended that, e-eerle-and
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payment to Councilman O'Brienwould violate the yew pr nciple he sought to uphold;u his aodOtt,which the
equal and consistent APPlicatifitt of letter o€the I rrtr;
Vice Mayor Clark indicated his approval for recovery of Councilman O'Brien's request stating he thought the
Council had been slow in initiating the lawsuit and that the Council had ultimately taken the appropriate action in
pursuing the lawsuit. He said Councilman O'Brien's early actions might have even prompted the Council to pursue
legal proceedings within the thirty day time limit.
Councilman Hudson commented that the resolution was adopted after the situation had occurred and that the Town
Attorney had researched other communities where council members had initiated proceedings contrary to the
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decisions of other members of the Council. He said that since the criteria had been met in the resolution, an
approval of the reimbursement request was in order.
Attorney Farrell reiterated his opinion that the adopted guidelines, including the eligibility test, had been satisfied
and that the Town's interest had been served by Councilman O'Brien's actions.
A vote was taken and the motion CARRIED with a 3-2 vote. Councilman Lawrence and Councilwoman Wiggishoff
cast the nay votes.
AGENDA ITEM#14 - CONSIDERATION OF A REPLAT OF LOT 7, BLOCK 2, PLAT 423, TO SPLIT
THE EXISTING 2.29 ACRE PARCEL INTO LOT 7A, 1.29 ACRES,AND LOT 7B, 1.0 ACRES. THE LOT
IS LOCATED AT 16219 E. IRONWOOD DR., (S95-041). THIS ITEM WAS TABLED AT THE 4/6/95
COUNCIL MEETING.
Planner Geir Svedrup stated he had contacted the owner who wished to proceed with the request for the replat of
his parcel on Ironwood Drive despite his neighbors' opposition.
Councilwoman Wiggishoff MOVED to approve the replat of Lot 7, Block 2, Plat 423 as noted in the agenda.
Councilwoman Tibbetts SECONDED the motion.
Councilman O'Brien asked the Town Attorney if a replat was a property right or a privilege. Attorney Farrell
answered that it was the Council's legislative decision whether a parcel could be replatted and that the property
owner had the right to petition for a replat and could expect approval if the zoning requirements had been satisfied.
He said if the request was denied,litigation could occur if no reasons were given or if the Council had acted in an
arbitrary or capricious manner.
Comments from the public included opposition from John Martin,Karen Myers,Rick Wambach and Julie Wambach.
They pointed out that property owners who owned parcels in an established neighborhood had the right to expect
that lot sizes would not be changed. They were also concerned that the ability to replat established lots would result
in decreased property values and that a precedent would be set for other property owners to request replats.
Attorney Chet Yon, who represented the owner of the lot, stated that the Council should determine if the zoning
requirements were satisfied before approval could be determined. Since the criteria of the zoning ordinance had been
met, he said approval of the request should be inevitable.
Vice Mayor Clark asked staff why a replat was presently allowed when it had not been allowed prior to incorporation
when the Town was under the County's jurisdiction. Mr. Jeppson stated the County had established hillside
disturbance standards for large lots. After incorporation,the Town Council had adopted a four times the footprint
allowance of a minimum of 12,000 square feet. This new zoning standard provided opportunities for replat requests.
Councilwoman Tibbetts stated that large lots were initially zoned R1-35 and that the setback requirements and
underlying zoning rules for the location of a structure on R1-35 zoned lots was the same as it was when the County
had jurisdiction. She stated that when a lot was substantially larger than the required 35,000 square feet, the
possibility of a request to split the parcel could occur.
Councilman Lawrence pointed out that other requests had been approved because they represented a benefit to the
area where they were located; however, he said he felt there was no benefit to the immediate neighborhood. Since
there had been no neighbors in favor of the request, he intended to vote against the request.
Councilman Hudson noted that when property was purchased,buyers should examine both the plat and zoning map.
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He said that since the zoning requirements had been met, he would vote for approval of this request.
Councilman O'Brien alleged that the owner knew the size of the lot when he purchased it and that the request to
replat the lot should not necessarily be automatically granted.
Councilwoman Wiggishoff expressed her regret that the neighborhood property owners had researched the plat map
with the understanding that no changes could be made. She pointed out that the individual property owner who
owned a lot in excess of the 35,000 square feet in a R1-35 zoned parcel could be granted the right to replat his
property if the newly-split lots were buildable and did not require a variance and were no smaller-than 35,000 square
feet. She stated that it was difficult to balance the neighbors' opposition with established zoning standards and that
the lots, when split, would exceed the minimum size.
A vote was taken with a 3-3 tie. The motion FAILED. Councilwoman Wiggishoff, Councilmen Lawrence and
O'Brien voted nay.
Immediately Councilwoman Wiggishoff realized that she had voted incorrectly and MOVED to reconsider the vote.
Councilman Hudson SECONDED the motion which CARRIED unanimously.
The vote to approve the replat request was again taken. The motion was CARRIED with a 4-2 vote. Councilmen
O'Brien and Lawrence cast the nay votes.
Julie Wambach commented that the attorney who represented the applicant who requested the replat was also the
attorney for the homeowner's association in that area. She was concerned about a conflict of interest in this matter.
AGENDA ITEM#15-PUBLIC HEARING ON A SPECIAL USE PERMIT APPLICATION FOR A GUEST
HOUSE(SU95-040),TO BE LOCATED AT 16142 E.KINGSTREE BOULEVARD(LOT 7,BLOCK 7,PLAT
203).
Vice Mayor Clark called a recess to the Regular Session of the Town Council and opened the public hearing at 8:15
P.M.
Planner Geir Svedrup explained that this matter had been tabled from the last meeting to allow the owner and
developer the opportunity to answer questions from the Council.
Present for discussion was Scott Danforth,DanCor Development,the developer,Mr.and Mrs.Costible,the owners;
Alysse Lyon, the adjoining property owner and Mark Siever, the architect.
Councilman O'Brien MOVED to approve the special use permit as presented. Councilwoman Wiggishoff
SECONDED the motion.
Mrs. Alysse Lyon, 16128 E. Kingstree Blvd.,told the Council she had contacted both Mr.Nordin and Mr.Jeppson
stating that she was willing to help within the constraints of the law with the Costible's land problems. She said
she was not breaking any laws and had no intention of double-dealing actions. She said she was upset about an
article in the Fountain Hills Times newspaper that quoted Vice Mayor Clark who said that he had heard implications
about the property being sold back to the owner once the special use permit was granted in an effort to circumvent
the law. She said no one called her regarding the rumor and thought an apology was in order.
Vice Mayor Clark responded saying that his remarks were never directed towards Mrs.Lyon. He did state that he
had heard that the owner wanted to convey the property back to Mrs. Lyon. He stated that this matter was
deliberately tabled so all parties could come forward and respond to questions. He felt no apology was in order
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because he had never addressed his comments to Mrs.Lyon. Mrs. Lyon assured Vice Mayor Clark that she had no
intention to convey the property back to the owner.
Councilman Hudson asked Mr. Danforth if he had seen the report from the Town staff regarding problems such as
building without permits or failure to get the correct permit. Mr.Danforth stated that plans had been submitted for
a guest house and were rejected by the Town. He resubmitted plans for a gazebo and said there had been differences
of opinion between his architect,the owner and the Town as to the interpretation of how many walls should remain
open. A stop work order was issued because the Town determined that the gazebo was being built into a guest
house. He said he was told the proper procedure to follow and had complied with the request.
Councilman Lawrence asked for clarification regarding the number of sides that needed to be open. Mr. Svedrup
stated that the revised plan indicated that two sides were required to remain open and that closing those two sides
was not permitted. Mr. Danforth presented a current picture of the structure in question.
Vice Mayor Clark reviewed the sequence of events for clarification and confirmation by Mr.Danforth. On January
7,1994,the contractor applied for a building permit for a house and a guest house. Staff advised that the guest house
could not be built. The approved site plan had no reference to a guest house or a gazebo until a revised plan for
a gazebo was submitted in August, 1994. It was understood at that time that a gazebo could be built as an open-
sided building. On December 1, 1994 a second submittal was approved specifically noting that three sides of the
gazebo must remain open and the enclosure of these walls was not permitted. Mr. Danforth stated that this was not
a correct statement--that two sides must remain open. Mr. Jeppson admitted a staff error had been made in this
instance and that two sides was correct. On February 7, 1995 a complaint was received by staff that the gazebo had
been enclosed without the permission of the NPOA. Staff advised the contractor that the construction of the enclosed
gazebo was not permitted and that the wall needed to be removed and construction was to conform to the permitted
plan. On February 17, 1995 the stop work order was issued and no further work was completed. He clarified that
he had previously commented about the blatant disregard for the rules with respect to the continued construction of
a guest house, which was not permitted.
Mr. Costabile,the owner of the property,informed the Council that construction was halted when he had found out
that he was not in compliance with the rules. He urged the Council to approve the special use permit for the guest
house.
Councilman Hudson asked Mr.Costabile what would be his interpretation of a guest house. Mr.Costabile answered
that it would be entirely for family guests and would never be rented. He also stated his two bedroom house was
not large enough for company and family guest quarters were desirable.
Vice Mayor Clark asked Mr.Costabile if he was aware that the contractor had violated the building code rules. Mr.
Costabile stated he was not aware of the rules and he had relied on his contractor. He said he was upset about the
heresay about the property reverting back to his neighbor.
Comments from the public in favor of the special use permit for a guest house included Karlyne Stoffel,Charlene
Ashenbrenner and Karen Myers. They expressed their approval for the guest house and implied that it would be an
asset to the neighborhood.
Mr. Danforth assured the Council that no mistrust or manipulations had occurred.
Councilman Lawrence pointed out that staff had repeatedly spoken to the contractor who had continued construction
despite knowing that he was in violation of the building code rules.
Vice Mayor Clark declared the public hearing closed and reconvened the Regular Session of the Town Council at
8:47 P.M.
Minutes of the Regular Session of the Town Council 04/20/95
Page 7 of 14
AGENDA ITEM#16 - CONSIDERATION OF A SPECIAL USE PERMIT APPLICATION FOR A GUEST
HOUSE(SU95-040),TO BE LOCATED AT 16142 E.KINGSTREE BOULEVARD(LOT 7,BLOCK 7,PLAT
203).
Councilman O'Brien MOVED to approve the special use permit as presented. Councilman Lawrence SECONDED
the motion.
Councilman O'Brien stated that there were many ways in which to interpret this situation and thanked the owners
for their helpful clarifications.
Councilwoman Wiggishoff said that
there was
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ample evidence of;bad faidt �iatepresentation on the.part.of;the contractor but to deny the permit would place
the Petty;on the wrong shouldand ers:
Councilman Lawrence commented that to vote against the special use permit would act as a punishment to the owner
rather than the contractor, where it belonged, and that the Council's intent was to act in a fair manner.
Vice Mayor Clark stated that the staff should attempt to be more prompt in recognizing and clamping down on
violators in the future.
The motion CARRIED unanimously.
AGENDA ITEM #17 - PUBLIC HEARING ON A SPECIAL USE PERMIT APPLICATION FOR A
COMPREHENSIVE SIGN PLAN FOR GOLDEN EAGLE ESTATES, LOCATED NORTHEAST OF
GOLDEN EAGLE BOULEVARD AND NORTHWEST OF GLENBROOK BOULEVARD,CASE NUMBER
SU95-04.
Vice Mayor Clark recessed the Regular Session of the Town Council and declared the public hearing open at 8:51
P.M.
Planner Geir Svedrup stated that this was a request from MCO Properties for a comprehensive sign package as an
alternative to the normal street signage program. Street names would be attached to walls and would not be
illuminated. He said that staff recommended approval subject to the additional submittal of a landscape plan as
required.
Councilman Hudson asked if the lettering could be seen at night. Mr. Svedrup stated the letters identifying street
names were large enough to be seen by headlights.
Councilwoman Wiggishoff said she thought it was an visual asset to the Golden Eagle development.
No one came forward from the public in favor or in opposition.
Vice Mayor Clark then closed the public hearing and reconvened the Regular Session of the Town Council at 8:53
P.M.
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Page 8 of 14
AGENDA ITEM #18 - CONSIDERATION OF A SPECIAL USE PERMIT APPLICATION FOR A
COMPREHENSIVE SIGN PLAN FOR GOLDEN EAGLE ESTATES, LOCATED NORTHEAST OF
GOLDEN EAGLE BOULEVARD AND NORTHWEST OF GLENBROOK BOULEVARD,CASE NUMBER
SU95-04.
Councilman O'Brien MOVED to approve the special use permit application for a comprehensive sign plan for
Golden Eagle Estates as presented. Councilwoman Wiggishoff SECONDED the motion which CARRIED
unanimously.
AGENDA ITEM #19 - PUBLIC HEARING ON ORDINANCE 95-11, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, SECTION 5.11 LAND
DISTURBANCES STANDARDS, B. GRADING STANDARDS, 2. GRADING OF UNPLATTED LAND.
CASE NUMBER Z95-11.
Vice Mayor Clark recessed the Regular Session of the Town Council and declared the public hearing open at 8:55
P.M.
Mr.Jeppson stated that this matter concerned the amendment of land disturbance standards on unplatted lands. He
said the Planning&Zoning Commission had held a public hearing and had received one objection regarding effluent
fields,recreational facilities and utilities. The matter of exemption for cut and fill waivers for land owned by utility
companies regulated by Arizona Corporation Commision was explained by Mr.Jeppson. He further stated that the
P&Z Commission determined that unplatted land should have the same laws as platted lands for cut/fill limitations.
No one came forward from the public in favor or in opposition.
Vice Mayor declared the public hearing closed and reconvened the Regular Session of the Town Council at 9:00
P.M.
AGENDA ITEM #20 - CONSIDERATION OF ORDINANCE 95-11, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, CHAPTER 5, SECTION 5.11 LAND
DISTURBANCES STANDARDS, B. GRADING STANDARDS, 2. GRADING OF UNPLATTED LAND.
Councilwoman Tibbetts MOVED to approve Ordinance 95-11 as presented. Councilman Lawrence SECONDED
the motion which CARRIED unanimously.
AGENDA ITEM#21 -CONSIDERATION OF ORDINANCE 95-12,AMENDING THE FOUNTAIN HILLS
TOWN CODE CHAPTER 7,BUILDING AND BUILDING REGULATIONS;CHAPTER 11 OFFENSES AND
CHAPTER 15 SUBDIVISIONS TO PROVIDE FOR A VOLUNTARY FIRE SPRINKLER PROVISION IN
NEW SUBDIVISIONS.
Town Attorney Farrell stated that under this ordinance a subdivider could voluntarily enter into a fire sprinkler
agreement that would make it mandatory for all dwellings to install fire sprinklers. In exchange,developers would
be entitled to increased spacing for fire hydrants,reduction of the size of a water main or cul-de-sac extensions if
they met criteria specified in the ordinance. He explained that a penalty provision had been included in the ordinance
to penalize any homeowner who disabled or dismantled the installed fire sprinkler.
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Councilman Hudson MOVED to approve Ordinance 95-12 as presented. Councilwoman Tibbetts SECONDED the
motion.
Councilman Lawrence said he was opposed to the ordinance because he thought the width of the streets permitted
by the agreement were too narrow and presented a sa hazard. He was concerned about how rescue and fire
vehicles would maneuver through those narrow streets.
Assistant Chief Tom VanMeenen stated that the 24' street width allotment was sufficient. He said that parking could
be prohibited on those streets by the Fire Board or Rural Metro. Each subdivision would receive a separate
determination as to parking regulations.
Mr. Jeppson pointed out that subdivisons in R1-35H zoning would not qualify under this ordinance.
Councilman Hudson favored this ordinance as a first step towards a mandatory fire sprinkler policy in the future.
He emphasized his concern with fire safety and the additional benefit of decreased fire department costs.
Vice Mayor Clark promoted fire sprinklers as a means of saving lives and property.
Jim Jenkins, MCO Properties, suggested off street parking could be provided in R1-35H zoned areas to qualify for
fire sprinkler agreements and the resultant benefits. Town Engineer Harrell stated that the guarantee of equivalent
off street parking could be taken into consideration. Mr.Jeppson stated that the reason the R1-35H zoning was not
included was because of the setback limitations. He said that R1-35H zoned areas were condusive to long driveways
and that tandem parking situations were not deemed desirable.
Karen Myers, a member of the Planning & Zoning Commission, opposed the ordinance and stated that trade-offs
should not be made for street widths and cul-de-sac extensions.
Asst. Chief VanMeenen clarified the 3000' cul-de-sac length. He said the first 2000' would be a subdivided road
and would result in a street which provided double access to the cul-de-sac.
The motion CARRIED with a 5-1 vote, Councilman Lawrence cast the nay vote.
Jeff Valder stated that Agenda Items#22,#23,#24 and#25 were all related. Mr.Nordin suggested to conduct the
public hearing, Agenda item#24, first; the consideration, Agenda Item#25 next; then consider Agenda Items#22
and#23. The Council approved this sequence.
AGENDA ITEM#24- PUBLIC HEARING ON ORDINANCE 95-13,WHICH WOULD REZONE A 4.834-
ACRE PARCEL OF LAND, CONSISTING OF LOTS 1, 2 AND 3 OF THE PROPOSED PLAT 704
SUBDIVISION, LOCATED ON THE SOUTHEASTERN CORNER OF SHEA AND SAGUARO
BOULEVARDS, FROM THE "R-5" AND "C-1" ZONING DISTRICTS TO THE "C-2" ZONING
DISTRICT, CASE NUMBER Z94-12.
Vice Mayor Clark recessed the Regular Session of the Town Council and opened the public hearing at 9:23 P.M.
Planner Jeff Valder pointed out on a map the lots under consideration for zoning changes and stated that C-2 zoning
was needed to enable the property owner to acquire a liquor license for the premises. He explained that Stardust
Circle,currently a platted street with a cul-de-sac,would need to be abandoned in order to provide for the anticipated
construction of a motel. Stipulations for the construction of a third lane on Shea Boulevard with a bike path,
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landscape plans and an 8' sidewalk along Cereus Wash were included.
Town Manager Nordin called attention to the Work/Study Session scheduled for May 2nd to consider how the
washes were to be utilized. He suggested the matter be tabled to allow for further discussion concerning the
pedestrian trail along Saguaro in conjunction with the culvert situation.
Jim Jenkins,MCO Properties,complimented the staff for their assistance but stated that there had been many delays.
He assured the Council that MCO would comply with any further stipulations as determined during a work/study
sesion of the Council regarding the washes and urged the Council to approve the rezoning issue at this meeting.
No one else came forward from the public in favor or opposed.
Vice Mayor Clark closed the public hearing and reconvened the Regular Session of the Town Council at 9:34 P.M.
AGENDA ITEM#25- CONSIDERATION OF ORDINANCE 95-13, REZONING A 4.834-ACRE PARCEL
OF LAND,CONSISTING OF LOTS 1,2 AND 3 OF THE PROPOSED PLAT 704 SUBDIVISON,LOCATED
ON THE SOUTHEASTERN CORNER OF SHEA AND SAGUARO BOULEVARDS, FROM THE "R-5"
AND "C-1" ZONING DISTRICTS TO THE "C-2" ZONING DISTRICT, CASE NUMBER Z94-12.
Mr. Nordin stated that if the Council approved the rezone with the stipulations and there were alternative
determinations by the Council in the future, the stipulation requiring sidewalk construction could be reconsidered.
Councilwoman Tibbetts said even though the stipulations might need to be revised, the rezoning of this property
should not be delayed.
Attorney Farrell suggested that the final plat not be recorded until all stipulations had been finalized. He referred
to the Subdivision Ordinance which required funds to.be set aside for the construction of improvements if the
developer failed to complete those improvements.
Mr. Jenkins proposed to the Council that MCO would comply with the Town Council's ultimate stipulations
including the conveyance of an access easement regarding the construction of a trail.
Councilman O'Brien MOVED to approve the rezoning request as specified in Ordinance 95-13. Councilwoman
Wiggishoff SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #22 - CONSIDERATION OF RESOLUTION 1995-18, ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC RIGHTS-OF-WAY
DESCRIBED IN EXHIBIT "A", LOCATED IN FOUNTAIN HILLS ARIZONA FINAL PLAT NUMBERS
412-A AND 412-B TO THE BENEFICIAL OWNER OF RECORD OF THE ADJACENT LAND AT THE
TIME OF DEDICATION, CASE NUMBER ROW95-01.
Councilman Lawrence MOVED to approve Resolution 1995-18 as presented. Councilwoman Tibbetts SECONDED
the motion which CARRIED unanimously.
AGENDA ITEM#23 - CONSIDERATION OF THE FINAL PLAT FOR THAT PORTION OF PLAT 704
LOCATED ON THE SOUTHEAST CORNER OF SHEA AND SAGUARO BOULEVARDS,CASE NUMBER
S94-60.
Minutes of the Regular Session of the Town Council 04/20/95
Page 11 of 14
Councilman O'Brien MOVED to approve the final plat for that portion of Nat 704 as specified with stipulations
included in staffs report except to revise Stipulation#2 to require provision for assurances of construction of a 8'
path along Cereus Wash if the Council determined it necessary in the future. Councilwoman Wiggishoff
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#26-PUBLIC HEARING ON ORDINANCE 95-14,WHICH WOULD REZONE AN 8.9427-
ACRE PARCEL OF LAND,LOCATED ON THE SOUTHWESTERN SIDE OF BUFFALO DRIVE,WEST
OF FOUNTAIN HILLS BOULEVARD,FROM THE"R1-8". "R1-35" AND"R1-43" ZONING DISTRICTS
TO THE "R1-35H" ZONING DISTRICT, CASE NUMBER Z95-05.
Vice Mayor Clark recessed the Regular Session of the Town Council and opened the public hearing at 9:54 P.M.
Mr. Valder pointed out on a map the area to be rezoned and stated that it was consistent with the General Plan. He
explained that the front yard setback requirement in"R1-35"zoning would be forty feet as opposed to a twenty foot
setback in"R1-35H" to accommodate hillside lots present on Buffalo Drive. He said staff recommended continuing
the public hearing until they could view the improvement plans for a cul-de-sac and utilities.
Councilman O'Brien expressed his uneasiness regarding the changing of zoning on platted property prior to the
submittal of detailed plans.
Councilwoman Wiggishoff was concerned about the differences in the preliminary plat and the final plat stages. She
said minor changes between the two were reasonable to expect but that she was not comfortable with the absence
of a plat and detailed plans in the request for a rezone. She felt the public should have the right to obtain
information about the development of property when a rezone was requested even if multiple hearings needed to
occur.
ilkar Attorney Farrell pointed out that developers usually provide a plat at the time of the rezone request but that the
current zoning ordinances do not mandate that requirement.
Councilman Lawrence asked if the approval of the rezoning of the land would obligate the Council to approve the
preliminary or final plats. Attorney Farrell stated that the rezoning would only indicate the parameters for
construction.
Bob Thomas stated that although he had supported this rezoning during the public hearings at the P&Z Commission,
he felt there was opposition in the neighborhood. He stated that residents were concerned that the south side of
Buffalo Drive would not be in conformance with the north side with the allowance of the 20' front yard setback.
Jim Jenkins,MCO Properties,stated he had met with 30-40 residents in the neighborhood and had reviewed the plans
with no opposition. He said the residents seemed pleased with the update but that a different plan would need to
be made if the zoning was not approved as "R1-35H".
Vice Mayor Clark closed the public hearing and reconvened the Regular Session of the Town Council at 10:20 P.M.
AGENDA ITEM#27-CONSIDERATION OF ORDINANCE 95-14,WHICH WOULD REZONE AN 8.9427-
ACRE PARCEL OF LAND,LOCATED ON THE SOUTHWESTERN SIDE OF BUFFALO DRIVE,WEST
OF FOUNTAIN HILLS BOULEVARD,FROM THE"R1-8","R1-35" AND"R1-43" ZONING DISTRICTS
TO THE "R1-35H" ZONING DISTRICT, CASE NUMBER Z95-05.
Minutes of the Regular Session of the Town Council 04/20/95
Page12of14
Councilman Lawrence MOVED to approve Ordinance 95-14 as presented. Councilman Hudson SECONDED
the motion which CARRIED unanimously.
AGENDA ITEM#28 -CONSIDERATION OF DIRECTING THE TOWN ATTORNEY TO PREPARE AN
IGA WITH THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT CONCERNING THE SHARED USE
OF THE ATHLETIC FIELDS AT FOUR PEAKS SCHOOL. THE TOWN WOULD CONSTRUCT AND
MAINTAIN FIELD LIGHTING AND THE SCHOOL DISTRICT WOULD CONSTRUCT AND MAINTAIN
THE FIELDS.
Mr.Nordin reviewed the proposal for lighting of Four Peaks School athletic fields outlining the obligations of the
Town and the School District. He stated that the Town would have control over the facilities in the evening hours.
He said the latest estimates for the construction of twelve light standards were $200,000.
Kim Schumann said that the school district would not fund lighting for the elementary play field area but with an
agreement the park space in the Town would double in size.
Councilman Lawrence was very concerned about the school district's ability to maintain the fields. Mr. Schumann
assured the Council that the maintenance of the fields would be done by professional landscapers.
Councilman Hudson MOVED to authorize the Town Attorney to prepare an intergovernmental agreement with the
School District concerning the shared use of the athletic fields at Four Peaks School. Councilwoman Tibbetts
SECONDED the motion.
Wendall Oliphant,Parks &Recreation Commission Chairman,praised the efforts of the Town and School District
as a 'win-win situation'.
The motion CARRIED unanimously.
AGENDA ITEM#29-DISCUSSION OF THE LICENSE AGREEMENT WITH COX COMMUNICATIONS
FOR CABLE SERVICE IN FOUNTAIN HILLS.
Attorney Farrell reviewed the three cable channels included in the license agreement with Cox Communications.
They are Channel 11 which is a government information channel for public announcements. Mr.Peter Putterman was
charged with the maintenance of the channel information. The educational channel was Channel 20 for daytime
service. The change in Channel 22 was the restrictive access imposed by Cox Communications rather than public
programming. Cox Communications would provide the facility and act as the censor for cable productions.
AGENDA ITEM 30 - 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.)
Mr. Ben Davies, DeAnza Drive, updated the Council regarding the retaining walls of the Rancho Montano
subdivision and that meetings with the contractor had occurred.
Minutes of the Regular Session of the Town Council 04/20/95
Page 13 of 14
Marge Cunningham confirmed that truck noise and traffic was disturbing and alluded there might be illegal truck
traffic in the area.
DeAnn Holden, DeAnza Drive, was concerned about the treatment of the surface on Grande Drive for noise
reduction purposes.
AGENDA ITEM#31 - ADJOURNMENT.
Councilman Hudson MOVED to adjourn the meeting. Councilman Lawrence SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 10:57 P.M.
TOWN OF FOUNTAIN HILLS
By: jIti
_. Cutillo, Mayor
ATTEST: (JLZAt& Q6 AL-4t4-A—)
Cassie B. Hansen, Town Clerk
PREPARED BY: L., � (Q_,_
Linda D. Le n, 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 20th day of April, 1995. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 18th day of May, 1995.
0/6441-t.'L- kliih4‘)
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 04/20/95
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