HomeMy WebLinkAbout1995.0504.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MAY 4, 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, May 4, 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 Frank Clark, and Councilmembers Don Lawrence,Peg Tibbetts,Wally Hudson,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 Planners Jeff Valder and Geir
Svedrup.
Mayor Cutillo stated that Agenda Items#11, 12, 13 and 14 would be removed from the Consent Agenda for further
consideration. He then read the remainder of the Consent Agenda which included the following items:
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF
APRIL 6TH, 1995.
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1995-19, REQUESTING THE ARIZONA
DEPARTMENT OF TRANSPORTATION TO AUTHORIZE TRANSPORTATION ASSISTANCE FUNDS
PURSUANT TO SECTION 28-2602, ARIZONA REVISED STATUTES.
AGENDA ITEM #4 - CONSIDERATION OF ORDINANCE 95-15, AMENDING THE TOWN CODE
CHAPTER 16, STREETS AND SIDEWALKS, ARTICLE 16-1, ENCROACHMENTS, SECTION 16-1-3,
OTHER EXCEPTIONS TO PERMIT REQUIREMENTS,BY ADDING SECTION 16-1-3.E.,EXEMPTING
ENCROACHMENT PERMITS FOR ADOPT-A-STREET PARTICIPANTS; AND DECLARING AN
EMERGENCY.
AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1995-20,AUTHORIZING AND APPROVING
AN AMENDMENT TO THE DISTRICT DEVELOPMENT, FINANCING PARTICIPATION AND
INTERGOVERNMENTAL AGREEMENT TO WHICH THE MUNICIPALITY IS A PARTY,
ACKNOWLEDGING THE DELETION OF THE FOUNTAIN HILLS SANITARY DISTRICT AS A PARTY
THEREFROM.
AGENDA ITEM#6 - CONSIDERATION OF A REPLAT OF LOT 1, BLOCK 1, FINAL PLAT 505-C TO
SPLIT THE EXISTING 2.36 ACRE PARCEL INTO LOT 1A, 1.18 ACRES AND LOT 1B, 1.18 ACRES.
THE LOT IS LOCATED AT 15602 EAST CENTIPEDE DRIVE (S95-048).
AGENDA ITEM#7-CONSIDERATION OF THE FINAL PLAT FOR LOT 6,BLOCK 1,FINAL PLAT 601-
A FOR MONTANOS ESTATES II CONDOMINIUMS LOCATED AT 16020 SUNFLOWER DRIVE (S95-
050).
AGENDA ITEM#8-CONSIDERATION OF A REPLAT OF LOTS 2 AND 3,BLOCK 2,FINAL PLAT 202
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TO COMBINE LOTS 2 AND 3 INTO ONE LOT,LOT 2. THE LOTS, 17152 AND 17150 EAST AMHURST
WILL BE LOCATED AT 17150 EAST AMHURST (S95-049).
AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 1995-21, EA 95-08, ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN: THAT CERTAIN TWENTY (20)
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT AFFECTING ALONG THE REAR LOT LINE
OF PLAT 505C, BLOCK 1, LOT 45, AKA 16843 N. STONERIDGE COURT, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY,
ARIZONA.
AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 1995-22, EA 95-09, ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN: THAT CERTAIN TWENTY (20)
FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT AFFECTING ALONG THE REAR LOT LINE
OF PLAT 111,BLOCK 7,LOT 2,AKA 6531 E.ASHBROOK DRIVE,FOUNTAIN HILLS,ARIZONA,AS
RECORDED IN BOOK 150 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA.
Councilman Lawrence MOVED to approve the Consent Agenda as approved. Councilwoman Tibbetts SECONDED
the motion.
A roll call vote was taken with the following results:
Councilman Lawrence Aye
Councilwoman Tibbetts Aye
Councilwoman Wiggishoff Aye
Councilman Hudson Aye
Councilman O'Brien Aye
Vice Mayor Clark Aye
Mayor Cutillo Aye
The motion CARRIED unanimously.
AGENDA ITEM#11-CONSIDERATION OF AWARDING THE BID FOR CONCRETE CONSTRUCTION
AND REPAIR, ENG 95-001.
Town Manager Nordin recommended the bid received from Markham Contracting in the amount of$125,960.
Councilman Hudson MOVED to award the contract for concrete construction and repair to Markham Contracting
in the amount of$126,960. Vice Mayor Clark SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #12 - CONSIDERATION OF AWARDING THE BID FOR ASPHALT REPAIR AND
CONSTRUCTION, ENG 95-004.
Mr.Nordin recommended the contract be awarded to Markham Contracting in the amount of$159,010. He said the
late sub-contract bid of Calmat Contracting could be considered for an $8,000 savings.
Mayor Cutillo MOVED to accept the bid for$159,010 as presented. Councilwoman Wiggishoff SECONDED the
motion which CARRIED unanimously.
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AGENDA ITEM#13-CONSIDERATION OF AWARDING THE BID FOR EMULSION SEAL,ENG 95-002.
Mr.Nordin recommended the only bid received for emulsion seal,from Domino Road Coatings,be rejected because
it substantially exceeded the engineer's estimate and that the Town re-bid this contract.
Councilman Hudson MOVED to deny the bid of Domino Road Coatings and that the contract be re-bid.
Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#14- CONSIDERATION OF AWARDING THE BID FOR SLURRY SEAL, ENG 95-003.
Mr. Nordin recommended the bid of Southwest Slurry Seal in the amount of$99,780 be approved.
Councilman Hudson MOVED to award the bid for slurry seal to Southwest Slurry Seal in the amount of$99,780.
Vice Mayor Clark SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #15 - PRESENTATION BY COUNTY ATTORNEY RICK ROMLEY FROM THE
MARICOPA COUNTY ATTORNEY'S OFFICE REGARDING GRAFFITI.
Mr. Romley updated the Council regarding a bad check program that Maricopa County had re-implemented. He
explained that this no-cost program would be available in mid-July.
Mr.Romley told the Council the graffiti problem had previously been handled by the issuance of a citation. In his
new program,he intended to initiate several steps for agressive enforcement towards offenders. The first step was
the transportation of the minor to the juvenile lock-up facility and the requirement of the parent to retrieve their child.
tkihr He said parents would be notified they could be held liable for up to$10,000 for the malicious acts of their children.
The second step was a minimum two day jail sentence on weekends,community service with a paint-out program
and restitution arrangements. He offered to match $2500 of RICO money towards any reward program that the
Town would establish. He discussed the issue of locking up spray paint and selling paint to minors,but he felt that
the major problem was shoplifting. He also offered to provide updated information regarding other aspects of
criminal justice.
AGENDA ITEM#16-PUBLIC HEARING ON ORDINANCE 95-19,AMENDING THE OFFICIAL ZONING
MAP OF THE TOWN OF FOUNTAIN HILLS TO REZONE LOTS 11 THROUGH 14, BLOCK 5, PLAT
412-A FROM THE INDUSTRIAL-1 ZONING DISTRICT TO THE INDUSTRIAL-2 ZONING DISTRICT.
ZONING CASE NUMBER Z95-10 COMES BEFORE THE COUNCIL WITH A FAVORABLE
RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION WITH A 5-2 VOTE.
Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 6:52 P.M.
Mr. Jeppson presented a brief staff report and showed a map which indicated the location of 85 protestors whose
signatures appeared on petitions received by the Planning &Zoning Commission.
Mr.Stan Connick,the applicant's representative,displayed photos of the area,site plans and landscaping illustrations
for Mr. Monks' company regional headquarters. He explained that the existing building would accommodate three
bays for the maintenance of expensive,heavy road equipment,that non-offensive lighting had been designed for the
area,that an 8' fence would be built on the peripheral berm and that machines would be trailered into the area for
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repair.
Mr. Arvid Dennis spoke in opposition stating that restrictive covenants in that area prevented a maintenance yard
for heavy road equipment. Mr. Gordon Riehl was opposed to this type of operation because of the downgrading of
the neighborhood,possible reduction in property values,excessive fumes and noise at all times of the day and night
and the probability of a domino effect in the development of other parcels in this industrial subdivision. He called
attention to the reduction in the buffer zone and of the number of lots in the industrial area by MCO Properties in
an effort to promote residential parcels and pointed out the rezoning of this property to Industrial-2 would be a
detriment to the area.
Other members of the audience who spoke against the rezone request included George Andrews,Paul Keniston,Gary
Nelson, James Taylor, Allen Christ, Judy Jacobs and Joyce Andrews. They were also concerned with the
downgrading of the area, the increased noise levels and objected to zoning changes after they had purchased their
property and had been misinformed as to what types of industry were allowed.
Speaking in favor of the rezone request was Phyllis Kern,the real estate agent for the property,who stated that the
improvements to the property would provide a low-profile operation and that this company would be a good
neighbor. Richard Templeman, a board member of the Chamber of Commerce, read a letter of support from the
Chamber. Others who appeared in support of the rezone request included Tom Hulme,Lynne Hess who read a letter
of support from the Mayor's Council for Business Growth,Justin Henry,Bruce Hansen,Sudelle Irons,Scott Allen,
Jack Bercel,Ben Davies,Clifford VanKalsbeek and Arthur Reichsfeld. They supported the proposed development
of this parcel and welcomed Mr. Monks' operation to the Town.
Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council at 7:59 P.M.
AGENDA ITEM#17-CONSIDERATION OF ORDDIANCE 95-19,AMENDING THE OFFICIAL ZONING
MAP OF THE TOWN OF FOUNTAIN HILLS TO REZONE LOTS 11 THROUGH 14, BLOCK 5, PLAT
412-A FROM THE INDUSTRIAL-1 ZONING DISTRICT TO THE INDUSTRIAL-2 ZONING DISTRICT.
Councilman Lawrence asked Mr. Jeppson if there was a difference in noise level provisions in the Industrial-1 and
Industrial-2 districts and if nighttime restrictions were more rigid. Mr. Jeppson stated there was no difference
between the zoning districts in noise level restrictions and that the noise levels were stricter at nighttime. He also
pointed out that the existing and proposed zoning would allow any size delivery vehicle.
Vice Mayor Clark stated that his membership on the Mayor's Council for Business Growth would not determine his
vote on this matter. He said the Town's consultant for the General Plan pointed out that the reduced number of acres
designated for an industrial park was still excessive in the development of an industrial park and that other uses
should have been considered for about 150 acres of the presently designated industrial area. He said he felt that
Fountain Hills could never attract large industrial plants due to the physical location of the Town. He stated that
if Technology Drive was extended to connect to Shea Boulevard as an alternative entrance to the industrial park,he
would have no objection to the rezone request.
Councilwoman Wiggishoff stated there were considerable differences in uses permitted by "I-1" and "I-2" zoning
and that the Council needed to es> be more discriminating in the approval process. She said the design of the
industrial park should be revised to provide separate access roads for the industrial park and that an "Ind-2" use in
this area was not a smart land use. + at €that rex g to allow this.Macular use O*wouildnot;be ast c
demon in 3erms f lon 'g £�OD47i]1G devek�prgent.SS, 3tt.':hCr OI7M�Kint]�s} k*jC811t.c1id rlbt 0pre91E:I1C the
beg ing of economic clust u l would attract any corollary sses to tl a c000.1. ty;nor would it
generate,on'its own, +eased tax 1 venues sapuiicant enough to be a real be it to tl!a entire town. She said t#
Cow needed to consider:if the ` use was a 'fit`for the community and, .hat opinion,:the p
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.........................
use:;was:not,
.... ...............................................
Mayor Cutillo pointed out that the use of this parcel under the present zoning could be worse than"I-2". He pointed
out that Red Mountain Rubbish Company had formerly stored their trucks in that area and that the area had been
used for industrial purposes for quite some time. He said that a denial for this use could result in an ultimate use
of the property under the "I-1" zoning that might not be as desirable.
Councilman Hudson MOVED to approve Ordinance 95-19 as presented. Councilman Lawrence SECONDED the
motion.
Comments from the public,reiterating concerns and support, included Judy Jacobs, Stan Connick, Beatrice Christ,
George Andrews,Barbara Riehl,Gary Nelson,Mary Pilarinos,Phyllis Kern,Jack Bercel,Scott Allen,Joyce Andrews
and Arvid Dennis. Those who spoke for the rezoning request pointed out the additional tax revenues and job
opportunities which would become available as a result of Mr. Monks' operation. Those who spoke in opposition
were concerned about the noise levels in the early morning hours. Additional concerns were voiced regarding the
use of Saguaro Boulevard by trucks, trailers and residential vehicles. Residents expressed their anxiety not only
about the current proposed use but also future uses of this parcel if it was rezoned as Industrial-2 zoning.
Attorney Farrell informed the Council that their zoning decisions were not limited or controlled by deed restrictions
and that deed restrictions were a contract between property owners which did not involve the Town.
A vote was taken on the motion which CARRIED with a 4-3 vote. Councilman O'Brien, Vice Mayor Clark and
Councilwoman Wiggishoff cast the nay votes.
AGENDA ITEM#18 - CONSIDERATION OF THE PROPOSED PLAN OF DEVELOPMENT FOR LOTS
11-14, BLOCK 5, PLAT 412-A.
Mr.Jeppson referred to his staff report regarding the development plan for R.E.Monks,Inc. Mr.Connick reviewed
the lighting and outside wall plan and pointed out that the screening could be as high as 20' in some locations.
Councilman Lawrence MOVED to approve the development plan as presented. Councilwoman Tibbetts
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #19 - CONSIDERATION OF ORDINANCE 95-16, AMENDING THE TOWN CODE
CHAPTER 6 ANIMALS, AND CHAPTER 11 OFFENSES, BY ADDING A SPECIFIC PENALTY
PROVISION TO SECTION 6-1-3 NOISES AND SECTION 11-1-6 MINORS.
Attorney Farrell stated this ordinance represented changes in the penalty provisions for first and second offenses for
matters concerning barking dogs and curfew violations. He said Judge Shoob had requested the flexibility to enforce
penalties for these offenses with reduced severity which made a first offense a petty offense, the second offense
would be prosecuted as a Class 2 misdemeanor and the third and subsequent offenses prosecuted as a Class 1
misdemeanor.
Mayor Cutillo stated he would rather see stricter penalties imposed than lesser penalties.
Councilman Lawrence MOVED to approve Ordinance 95-16 as presented. Councilwoman Wiggishoff SECONDED
the motion which CARRIED with a 6-1 vote. Mayor Cutillo cast the nay vote.
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AGENDA ITEM #20 - CONSIDERATION OF ORDINANCE 95-17, AMENDING CHAPTER 7 OF THE
FOUNTAIN HILLS CODE CONCERNING BUILDING AND BUILDING REGULATIONS,SECTION 7-1-
1.A.1. TO REMOVE THE EXEMPTION OF GROUP R, DIVISION 3 AND GROUP M OCCUPANCIES
FROM THE CERTIFICATE OF OCCUPANCY REQUIREMENTS OF THE 1991 EDITION OF THE
UNIFORM BUILDING CODE.
Councilman O'Brien MOVED to adopt Ordinance 95-17 as presented. Councilman Lawrence SECONDED the
motion which CARRIED unanimously.
AGENDA ITEM #21 - CONSIDERATION OF ORDINANCE 95-18, AMENDING THE TOWN CODE
CHAPTER 11 OFFENSES,SECTION 11.1-6 MINORS,RELATING TO THE CURFEW OF MINORS AND
REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR
SEVERABILITY AND DECLARING AN EMERGENCY.
Mr. Nordin told the Council this ordinance was written to conform to MAG standards in an effort to make the
Town's curfew ordinance conform with other governmental entities in Maricopa County.
Mayor Cutillo noted this ordinance was being declared an emergency because the summertime vacation period was
approaching.
Mayor Cutillo MOVED to approve Ordinance 95-18 as presented. Councilman Lawrence SECONDED the motion
which CARRIED unanimously.
AGENDA ITEM#22-CONSIDERATION OF A TEMPORARY USE PERMIT FOR TWO MODEL HOMES
LOCATED AT 16843 BAYFIELD DRIVE,AKA LOT 22A,BLOCK 7,PLAT 111,CASE NUMBER TU94-13.
Mr.Valder gave a brief presentation regarding the temporary use permit for the two model homes on Bayfield Drive.
Ordinarily,a temporary use permit was approved by staff unless an objection had been filed. Mr.Joe Kanocsz filed
an objection to the temporary use permit because he was concerned about traffic and safety in the area due to patrons
parking on the street instead of using the off-street parking spaces. The two model homes had provided ten off-street
parking spaces. He further stated that parking signs had been installed but that there was no way to force patrons
to use those parking spaces.
Councilwoman Wiggishoff expressed her concern about the operation of the two model homes without a permit for
almost a year. Mr. Valder stated he was uncertain if staff should have issued a complaint to the Marshal's
Department for this violation.
Councilman O'Brien stated staff should pursue violators in a more timely manner when they become aware of
infractions. He said no-parking on the street should be enforced for safety reasons.
Mr.Joe Kanoscz reported that the customers might use off street parking if they recognized that the real estate agents
had used the off street parking spaces.
Mayor Cutillo MOVED to approve the temporary use permit for two model homes located at 16843 Bayfield with
the stipulation that no-parking signs be installed on the street. Councilwoman Tibbetts SECONDED the motion.
Councilwoman Wiggishoff AMENDED the motion to approve the temporary use permit for a six-month period.
Councilman O'Brien SECONDED the amendment which CARRIED unanimously.
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The motion to approve the temporary use permit also CARRIED unanimously.
Mr. Ben Davies suggested the parking signs be paid for by the owner of the property of the model homes.
Councilman O'Brien requested staff have appropriate discussions with temporary use permit holders whose permits
had lapsed.
AGENDA ITEM#23 - 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.)
No one came forward from the public.
AGENDA ITEM#24 - ADJOURNMENT.
Councilman Lawrence MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 10:10 P.M.
TOWN OF FOUNTAIN HILLS
By:_�
J Cutillo, Mayor
ATTEST: 0-44.4- -- ij-6-44-4-A-1
Cassie B. Hansen, Town Clerk
PREPARED BY .
Linda D. Lemm 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 4th day of May, 1995. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 18th day of May, 1995.
0A441L—Q5 904144.4,
Cassie B. Hansen, Town Clerk
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